건물명도등
1. The part of the instant lawsuit claiming unjust enrichment is dismissed.
2. The defendant shall enter the attached list in the plaintiff.
1. Facts of recognition;
A. On February 16, 2010, the Plaintiff entered into a security trust agreement with Asia Trust Co., Ltd. (hereinafter “ Asia Trust”), whereby three banks, including the promotion mutual savings bank, etc. (hereinafter “promotion mutual savings bank, etc.”) are first beneficiaries. Accordingly, the Plaintiff completed the registration of ownership transfer to the Asian Trust on February 17, 2010, and the relevant details of the said trust agreement are as follows.
Article 9 (Preservation, Management, etc. of Trust Real Estate) (2) No truster shall reduce the value of trust real estate by means of the establishment of rights, such as lease, etc. or modification of the current state thereof, without the prior consent of the trustee.
Article 2 [Management of Trust Real Estate] The trustee shall perform important matters related to the performance of the affairs related to the trust in consultation with the truster and the preferential beneficiary, and the trustee shall perform the management of ownership in the certified copy of the register and disposal affairs at the request of the preferential beneficiary, and the actual management of trust real estate other than this shall be handled by the truster, such as the actual possession, maintenance, sale/lease affairs
Provided, That when a truster performs an act that can reduce the value of trusted real estate, such as application for consent to land use and lease of trusted real estate, he/she shall obtain prior consent from the priority beneficiary.
Article 4 [Lease Services] (1) Notwithstanding Article 10 of this Agreement, a truster may enter into a lease contract under the name of the truster, upon the consent of the priority beneficiary and the trustee.
B. Even if the Plaintiff leases each of the instant real estate, it is difficult for the Plaintiff to use the lease deposit as the Plaintiff’s operational fund, etc., and thus, it is not sufficient for the first beneficiary to pay the lease deposit to the first beneficiary. Therefore, the Plaintiff’s lease consent from the Asian Trust, the first beneficiary, etc.