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(영문) 수원지방법원 안양지원 2018.02.08 2017가합103431
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. From June 14, 2017, each of the above.

Reasons

1. Facts of recognition;

A. On November 30, 2009, the comprehensive construction of assets company (hereinafter “asset construction”) entered into a collateral trust agreement with the K non-real estate trust company (hereinafter “K non-trust”) on each real estate listed in the separate sheet (hereinafter “each land of this case”), which is one’s own ownership, and completed the registration of ownership transfer based on the trust to the K non-trust on the following day.

(hereinafter “instant trust”). Article 1 (Trust Purpose) The instant trust aims to preserve and manage the trusted real estate and to settle the settlement of accounts when the trustee fails to perform his/her obligations, in order to ensure the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the trusters.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) No truster shall reduce the value of trusted real estate by means of establishing rights, such as lease, or changing the current state of trusted real estate, without the prior consent of the trustee.

Article 10 (Lease, etc.) (3) 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 trustee, but the lease deposit shall be deposited

The proviso is omitted. (b)

The main contents of the instant trust agreement are as follows.

C. On April 19, 2017, the Plaintiff purchased each of the instant land, etc. from K non-trusts in KRW 5,675,040,00 through public sale procedures, and completed the registration of ownership transfer in the name of the Plaintiff on each of the instant land, etc. on June 13, 2017.

The Defendant prior to the Plaintiff’s acquisition of each of the instant land by public sale, has occupied each of the instant land while engaging in the sales business of clothing, etc. in the trade name called C from each of the instant land.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 2, and 10 (including the relevant branch numbers; hereinafter the same shall apply), Gap evidence 5, the video and the whole pleadings.

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