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(영문) 울산지방법원 2020.10.15 2019가단125415

건물인도

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The Intervenor’s Intervenor’s motion to intervene is dismissed.

Defendant (Appointed Party) and Appointed E shall be attached to the Plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), registration of ownership transfer was completed on March 6, 2018 in the name of the designated person E, and on the same day, the registration of ownership transfer was completed on the ground of a trust agreement between the Plaintiff and the Selection E (hereinafter “instant trust agreement”).

The following provisions are included in the instant trust agreement.

Article 9 (Preservation, Management, etc. of Trust Real Estate) A truster shall virtually continue to possess and use trust real estate, and shall bear all the expenses incurred in actual management, such as preservation, maintenance, and preference, of trust real estate, and all the expenses incurred therein.

Where a truster has no prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by establishing a right, such as lease, or changing the current state of the trusted real estate.

The period of the trustee's property management shall be the period during which this trust contract exists, and the same shall also apply where the period of trust is extended or shortened.

Article 10 (Lease, etc.) A new lease or sub-lease contract after the conclusion of this trust contract shall be concluded in the name of the trustee or under the name of the truster on condition of the prior consent of the truster, but the lease deposit shall be deposited into the trustee.

Where the preferential beneficiary and the truster agree or request in writing with the following matters in relation to the preceding paragraph, the trustee may have the truster or the preferential beneficiary receive and manage the lease deposit from the lessee directly:

1. Details that the truster (or preferential beneficiary) shall receive and manage the lease deposit directly from the lessee, and the trustee shall not bear the responsibility to manage the lease deposit;

2. Where a reason arises to refund the deposit to the lessee due to the expiration of the lease term, realization of objects of trust, etc.;