건물명도
1. The portion of the claim for delivery of real estate in the instant lawsuit shall be dismissed.
2. The Plaintiff and the Defendants are listed in the separate sheet.
1. Basic facts
A. On April 18, 2012, Nonparty G church member H entered into a construction contract with Nonparty G church member Co., Ltd. and total construction amount of KRW 2.1 billion and seven months after the commencement of construction period, for the purpose of constructing the work of the G church’s gender (hereinafter referred to as “instant building”) on the ground (hereinafter referred to as “instant site”).
B. On May 30, 2012, H entered into a loan agreement with the Plaintiff that a total of KRW 2 billion should be loaned in sequential order according to the progress of the construction project in order to prepare the instant construction cost.
C. On May 29, 2012, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with a trustor H, a trustee Asian Trust Co., Ltd. (hereinafter “ Asian Trust”), and the first beneficiary to secure a loan to be implemented pursuant to the H’s loan agreement with the Plaintiff. The trust real estate was the instant site, and thereafter, the real estate trust agreement with a real estate company (hereinafter “instant trust agreement”).
The relevant provisions of the instant trust agreement are as follows.
H (hereinafter referred to as the "trustee") shall trust the instant site (hereinafter referred to as the "trust real estate") to the Asian Trust (hereinafter referred to as the "trustee") and the trustee shall enter into a real estate security trust agreement (including a special agreement for disposal of real estate; hereinafter referred to as the "trust agreement") as follows in accepting it:
Article 1 [Purpose of Trust] In order to ensure the management of ownership of real estate held in a trust and the fulfillment of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to the truster, the trustee shall preserve and manage the real estate held in a trust and settle the settlement of the settlement
Article 18 (Timing for Disposal of Trusted Real Estate) (1) The following shall apply: