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(영문) 수원지방법원성남지원 2017.04.04 2016가합204994

청구이의

Text

1. The Defendant’s decision is based on the Suwon District Court Branch Decision 2010Gahap14663 Decided July 24, 2012.

Reasons

1. Determination as to the cause of claim

A. On August 29, 1995, the fact of recognition (1) concluded a trust agreement with the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust Co., Ltd”) on the construction of 33,000 square meters of ground reinforced concrete structure of 27,308,10 square meters of land, 77 stories of ground, and complex buildings (hereinafter “instant building”) (hereinafter “instant trust agreement”), and concluded a trust agreement with the content of leasing, managing, and operating it as trust property (hereinafter “instant trust agreement”).

On November 23, 2000, upon application of subrogation of Samsung Heavy Industries Co., Ltd. for the provisional disposition of mortgage, the registration of preservation of ownership in the name of the Korean real estate trust was completed on November 29, 2000 as the receipt of No. 10325 on November 29, 2000. The registration of division was completed on April 25, 2003.

(2) The Korean Real Estate Trust was declared bankrupt on June 2, 2003 by Suwon District Court 2003Hahap4, and at the time, the instant trust agreement expired the trust period (from August 28, 1995 to December 31, 200), but the ownership of the instant building, which is a trust property, still remains in the name of the ownership of the Korean Real Estate Trust without being transferred to the rightful owner.

After that, on May 9, 2006, the Suwon District Court appointed D as a trustee in bankruptcy, and on May 19, 2010, appointed F as a compulsory administrator, along with the decision to commence compulsory administration as of May 19, 2010.

(3) On February 23, 2004, Samdi C&C occupied the instant building by entering into a lease agreement with the Plaintiff on part of the instant building while it was unable to recover its ownership on February 23, 2004.

(4) After October 24, 201, G was appointed as a new trustee of the instant trust business, and on October 24, 201, the occupied portion of which was the object of the lease contract (hereinafter “instant occupied portion”).