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(영문) 대전지방법원 2020.01.15 2019가단102960

보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 5, 2001 with respect to the Seo-gu Daejeon Building D (hereinafter “instant real estate”), E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer based on the trust, and on January 26, 2007, the registration of ownership transfer was completed by F Co., Ltd. (hereinafter “G”) based on sale and purchase, regardless of whether it was before or after the change of the trade name, and E again completed the registration of ownership transfer based on the trust. On June 4, 2007, G completed the registration of ownership transfer based on the trust on the same day.

B. On June 4, 2007, G entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the first priority beneficiary with respect to C Officetel 162, including the instant real estate, as the first priority beneficiary, and with respect to E as the trustee, G entered into a real estate security trust agreement with the first priority beneficiary. The main contents are as follows.

Article 1 [Purpose of Trust] The purpose of this Trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to ensure the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the truster.

Article 9 [Preservation, Management, etc. of Trust Real Estate] (1) A truster shall virtually continue to possess and use trust real estate, and shall bear the actual management acts such as preservation, maintenance, repair, etc. of trust real estate and all the expenses

(2) Where a truster has no prior consent of a trustee, he/she shall not reduce the value of trusted real estate by restricting its ownership, such as lease, mortgage, establishment of a right to lease on a deposit basis, or by changing the current state of trusted real estate

Article 10 [Lease, etc.] (1) A lease contract concluded between a truster and a lessee before a trust contract is concluded shall be valid, and the truster shall copy of the lease contract.