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The defendants deliver to the plaintiff the 59.96 square meters of the Ethical reinforced concrete structure of the 4th floor above the ground at Dongbcheon-si.
Reasons
1. Facts of recognition;
A. On August 10, 2016, the Plaintiff entered into a real estate security trust agreement with Defendant C and the first beneficiary as the Plaintiff, with respect to the Defendant’s obligation for loans to the G Cooperatives (the loan limit of KRW 1,456,00,000 on August 10, 2016, and the loan term of KRW 1,456,00,00 on two occasions since the expiration date of the loan term was changed on August 10, 2017) to secure the loan term (the loan term of KRW 1,456,00 on two occasions since the expiration date of the loan term of KRW 10,00). The main contents are as follows.
[Secondly, Article 1 (Trust Purpose) The purpose of the Trust is to preserve the ownership and security value of real estate held in trust through B (trustee, Plaintiff) in order to guarantee the performance of obligations and responsibilities borne by A (trustee, Defendant C) and to liquidate the real estate in the event of default by A (trustee, Plaintiff).
Article 8 (Transfer of Ownership and Registration of Trusted Real Estate) (1) A shall transfer the ownership of trusted real estate to B immediately after a trust contract is concluded.
Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A shall actually continue to occupy and use trust real estate, and shall bear all the expenses for the actual preservation and management of trust real estate and for all the expenses therefor.
(2) A shall not reduce the value of a trusted real estate by means of the creation of a right, such as lease, or modification of the current state, without the prior consent of B.
Article 18 (Time for Disposal of Real Estate) (1) In cases falling under any of the following subparagraphs, even if before the expiration of the period of trust, the trusted real estate may be disposed of at the request of the priority beneficiary:
1. Credit transactions concluded between the preferential beneficiary and the debtor, and real estate trusted under Article 23 at the time of non-performance of the agreement on the guarantee obligation;