건물명도(인도)
1. Of the judgment of the court of first instance, the part against Defendant C shall be revoked, and the following amount shall be ordered to be paid.
1. Facts of recognition;
A. On February 2, 2010, Codefendant D Co., Ltd. (hereinafter “D”) in the first instance trial concluded a real estate security trust agreement with M Co., Ltd. (hereinafter “O Co., Ltd.”) on the real estate listed in the separate sheet (hereinafter “instant building”) and D owned (hereinafter “instant trust agreement”) (hereinafter “instant building”), and completed the registration of ownership transfer in the M’s name on February 3, 2010 with its ground for registration.
B. The provisions concerning the preservation, management, etc. of the building of this case under the trust contract of this case are as follows.
Article 9 (Preservation, Management, etc. of Trusted Real Estate) A (D) shall actually continue to possess and use trust real estate, and shall bear all the expenses for actual preservation of trust real estate and all the management activities thereof.
A shall not engage in any act to reduce the value of the trusted real estate by means of the establishment of rights, such as lease, or modification of the current state, without prior consent of B (M).
A shall immediately notify B of the occurrence of any other accident, such as the destruction or damage of the trusted real estate, or the occurrence of such an accident, if any.
Article 10 (Lease, etc.) If a lease contract is concluded between A and a lessee before this trust contract is concluded, the lease contract shall be effective and shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, other responsibilities and rights as the lessor.
Provided, That where the name of the lessor is renewed in the name of the lessor B under the lease contract and the lease deposit is transferred between A and A, it shall be deemed that he/she succeeds to the status of the lessor.
In the case of paragraph (1), if there is any rent paid by a lessee to A in addition to the lease deposit, it shall be the continuous receipt by A, and the rent received by A shall be between the priority beneficiary and the principal debtor in relation to this trust contract.