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(영문) 의정부지방법원 2016.09.22 2015나58212

소유권이전등기

Text

1. The plaintiff's primary claim added in the trial is dismissed.

2. All appeals by the Defendants are dismissed.

3...

Reasons

1. On February 11, 2010, the premise B concluded a real estate management trust agreement (hereinafter “instant trust agreement”) with the truster and beneficiary B as well as the trustee and the trust administrator as to the instant real estate with respect to the instant real estate.

Article 1 (Preferential Application) (1) Matters of special agreement shall be applied in preference to this Agreement.

(A) Article 3 (Management of Trusted Real Estate) The Defendant K non-real estate trust manages only the name of ownership in the registration, and manages the real property B.

Provided, That the lease contract affairs among the management affairs shall be allowed only where the defendant's non-real estate trust consents to it, and the lease deposit shall be deposited into the defendant's non-real estate trust.

(A) Article 5 (A) (1) B may cancel the trust contract in question according to the circumstances described in B. In this case, the Defendant KB real estate trust shall not return the trust fee already received.

(1) Article 1 (Transfer of Ownership and Registration of Trust) (1) B, after entering into a trust contract, shall transfer its ownership to the defendant K non-real estate trust and make a registration of the trust in order to make the ownership as the trust property immediately after the conclusion of the trust contract.

(A) Article 12 (Cancellation of Trust and Delivery of Original Copy, etc.) (1) The Trust Contract is terminated upon the expiration of the Trust Period or early cancellation, and upon the termination of the Trust, the Defendant D non-real estate trust will without delay prepare a final statement in accordance with the method of calculating the trust balance prescribed by the Defendant D non-real estate trust and submit it to B.

(2) The trust property is to be delivered in redemption with the trust deed or the certificate of beneficial interest to B within two weeks after the termination of the trust with the method of delivering the trust property prescribed by the Defendant KB real estate trust after the preparation of the final statement under the above paragraph (1).

(B) On February 12, 2010, on the instant real estate