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(영문) 의정부지방법원 2015.06.12 2013가합13013
체납관리비
Text

1. Defendant Future C&C Co., Ltd.: (a) KRW 169,481,800 to the Plaintiff; and (b) from October 1, 2014 to November 6, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization composed of representatives elected by the occupants in proportion to the number of households of each building in accordance with Article 43(3) of the Housing Act and Article 50 of the Enforcement Decree of the same Act in order to manage A apartment (which consists of 278 households and has an elevator installed; hereinafter “instant apartment”).

B. Defendant Shee Co., Ltd. (hereinafter “Defendant Shee”) contracted the instant apartment construction project to Defendant Shee Construction Co., Ltd. (hereinafter “Defendant Shee Construction”) and completed the instant apartment construction project around 2011.

In addition, on August 3, 2011, Defendant Future al.e., completed the registration of ownership preservation of the apartment in this case.

C. On August 3, 2011, Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities”) and the Defendants concluded a real estate disposal trust agreement with respect to the instant apartment (hereinafter “instant trust agreement”) with the trustor and beneficiary, the first beneficiary of the construction of Defendant Shee, and the trustee of the instant apartment by designating Korea Investment Securities as the trustor. On the same day, the instant apartment is registered as a trust, and each ownership transfer registration with the trustee as our investment securities (hereinafter “instant trust registration”).

When the registration of the trust of this case is completed, the main provisions of the trust contract of this case in the trust ledger which is bound in the register are as follows.

Article 8 (Maintenance and Management of Trust Contract) (1) A trustee shall preserve only the name of ownership on the register of real estate held in a trust, and shall administer all the lease and maintenance acts of real estate held in a trust under the responsibilities of the truster.

Article 11 ( Originals of Trust) The originals of this Trust shall be the rental deposit acquired concerning the trusted real estate and the trusted real estate, the property acquired by subrogation of the trusted real estate, and other corresponding property.

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