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(영문) 대전지방법원 2020.12.02 2019가단127471
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. Each of the buildings listed in the separate sheet (hereinafter “each of the buildings in this case”) was completed on February 28, 2018 by D Co., Ltd. (hereinafter “Nonindicted Company”) and the registration of ownership transfer was completed on June 28, 2018 on the same day under the name of the Plaintiff on the grounds of trust.

B. On June 28, 2018, with respect to each of the instant buildings, a real estate security trust agreement was concluded between the Nonparty Company and the trustee as the Plaintiff, and the first beneficiary as the E Association.

The main contents are as follows:

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve the ownership and security value of real estate held in a trust through the trustee to guarantee the truster's fulfillment of obligations or responsibilities, and to liquidate the truster's default of obligations.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall actually continue to use the trust real estate, and shall bear all the expenses for the actual preservation of the trust real estate, all the management activities and the related activities.

(2) Where a truster has not given prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by creating rights, such as lease, or changing the current state thereof, etc.

Article 18 (Time to Dispose of Trust Real Estate) (1) In any of the following cases, a trustee may dispose of trust real estate at the request of the priority beneficiary even before the expiration of the trust period:

1. Credit transactions concluded between the first beneficiary and the debtor as well as non-performance of the guarantee obligation agreement: Provided, That where the truster is not the primary debtor, the truster shall be liable for non-performance of obligation based on a guarantee agreement between the truster

2. Where a truster violates a trust contract (Disposal Method) (1) In principle, sale by open competitive bidding shall be made;

Article 23 (Duty of Explanation) Where the disposal procedures for real estate held in trust are commenced, the truster shall voluntarily issue an order.

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