(영문) 서울중앙지방법원 2016.12.08 2015가단73003

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(영문) 서울중앙지방법원 2016.12.08 2015가단73003

건물인도 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (at that time, the Plaintiff: (a) promoted the reconstruction project with respect to the buildings listed in the separate sheet owned by it (hereinafter “instant building”); (b) executed the reconstruction project with respect to the buildings indicated in the separate sheet owned by it (hereinafter “the instant building”); and (c) concluded the respective trust agreement (hereinafter “instant trust agreement”) with the Plaintiff to provide the said building as security in borrowing funds from Samsung Mutual Savings Bank, etc.; (d) around January 11, 2008, the VienT and International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) and the truster as “Plaintiff and UN VienT”; and (e) the trustee as “international asset trust”; and (e) the first priority beneficiary as “ Samsung Mutual Savings Bank, Seoul Mutual Savings Bank, and Jeju Mutual Savings Bank,” and (e) completed the registration of ownership transfer with respect to the instant building as trust agreement with respect to international assets.

B. The part related to the possession, use, etc. of the building of this case in the instant trust agreement is as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (1) A shall, in fact, continue to possess and use the Trusted Real Estate and shall bear all the expenses incurred in the actual preservation and management of the Trusted Real Estate, and all the expenses incurred therein.

(2) A shall not reduce the value of a trusted real estate by means of creation of a right, such as lease, or modification of the current state, without prior consent of B.

(3) Where the occurrence of any other accident, such as destruction, damage, etc. of the trusted real estate, or the occurrence of any other situation is anticipated, A shall immediately notify B thereof.

(4) A shall bear the liability for damages that A bears by violating paragraph (3).

(5) A.

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