(영문) 의정부지방법원 2020.02.18 2018가단129138

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(영문) 의정부지방법원 2020.02.18 2018가단129138

건물인도

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1. The Plaintiff, Defendant B, and Defendant C, listed in attached Table No. 1, and Defendant C, listed in attached Table No. 2.

Reasons

1. Basic facts

A. On June 7, 2017, E entered into a real estate trust agreement with the Plaintiff, a real estate trust corporation, with a view to offering each real estate listed in the separate sheet on its own ownership (hereinafter “each of the instant real estate”) as security upon obtaining a loan from the FF association, and offering each of the instant real estate as security. Accordingly, the Plaintiff completed the registration of ownership transfer for each of the instant real estate on June 7, 2017.

B. According to the trust agreement between E and the Plaintiff, the lease agreement entered into between E and the lessee is valid in its entirety, and the truster (trustee) shall submit to B a written confirmation of the lease agreement attached with the copy of the lease agreement (Article 10(1) of the trust agreement). In the event that the lease contract is renewed or a new lease is entered into due to the expiration of the lease agreement period or the termination of the lease agreement during the trust period, the truster (trustee) shall obtain prior consent from B (trustee) pursuant to the provisions of Article 9(2) (Article 10(3) of the trust agreement, and the lease agreement entered into voluntarily by A (trustee), notwithstanding the provisions of paragraph (3) of the above Article 10, Paragraph (4) of the trust agreement, shall not claim its effect against B (trustee).

E died around August 2017. D.

Defendant B completed the move-in report with respect to the instant real estate on June 11, 2018; Defendant C completed the move-in report with respect to the instant two real estate on the same day; and Defendant D completed the move-in report with respect to the instant three real estate on November 2, 2017.

This is even after the Plaintiff completed the registration of ownership transfer for each of the instant real estate in accordance with the trust agreement with E, the said Defendants did not have concluded a lease agreement with the Plaintiff.

【Ground for Recognition: Each entry of Gap evidence 1 through 3 (including all branch numbers)

2. Determination as to the cause of the claim.

유사 판례

-의정부지방법원 2020.02.18 2018가단129138

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-서울서부지방법원 2018.09.19 2017가단229782

-제주지방법원 2019.09.19 2018가합12786