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(영문) 서울중앙지방법원 2011.10.13 2010가합125029

건물인도 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet;

(b) on April 208.

Reasons

1. Basic facts

A. On September 20, 2007, the Plaintiff is a democratic industrial development company (hereinafter “ democratic industrial development”) on September 20, 2007.

In order to manage ownership, etc. of facilities related to the Ilyang-dong-dong-dong-dong-dong-dong 869 Japanese Compact Broadcasting (including each real estate listed in the attached list), the Democratic Industrial Development entered into a real estate security trust agreement with the Plaintiff (hereinafter “instant trust agreement”) under which the said real estate will be entrusted to the Plaintiff.

(2) On October 23, 2007, the Plaintiff and the Democratic Industry Development agreed that “If the truster does not have prior consent of the trustee, the truster shall not reduce the value of the trusted real estate by means of changing the creation of a right, such as a lease, or the present state of the trusted real estate,” Article 9(2) of the instant trust agreement, and Article 10(3) of the same agreement provides that “Any new lease or re-lease contract after this trust is concluded shall be concluded in the name of the truster on the condition of prior consent of the trustee.”

B. 1) On October 31, 2008, the Defendant: (a) was a one-story link underground with the Democratic Industry Development on October 31, 2008 with the Goyang-si Port-dong 869 M&C-related facilities; (b) the Defendant was a one-story link with the Goyang-si Port-dong 869 M&C-related facilities; (c)

(1) As to non-1229 to non-1234, which are incidental facilities, the Defendant agreed to operate the above arch links, etc. on behalf of the Defendant from December 1, 2008 to November 30, 2009, and the deposit for operation as an agent and the monthly fee for use of the facilities shall be free of charge during the agency period (hereinafter “instant agreement for operation as agent”).

The development of democratic industry is an agreement between the defendant and the operating agency of this case.