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1. The Plaintiff:
A. Defendant A’s real estate listed in Annex A’s Schedule 1;
B. Defendant B and C shall jointly list the attached sheet.
Reasons
1. Facts of recognition;
A. On December 13, 2006, E Co., Ltd. (hereinafter “E”) completed the registration of initial ownership relating to each real estate listed in the separate sheet. On March 26, 2012, in order to secure a loan of KRW 5.6 billion to F Co., Ltd., the Promotion Savings Bank Co., Ltd. entered into a real estate security trust contract with the Plaintiff, and completed the registration of ownership transfer under the Plaintiff’s name based on the said trust contract on the same day. However, the main contents of the said security trust contract are as follows.
Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue to possess and use trust real estate, perform actual management, such as preservation, maintenance, repair, etc. of trust real estate, and bear the expenses incurred therein.
(3) No truster shall limit the ownership of real estate in a trust or reduce the value thereof by creating rights, such as lease, or changing the current state thereof, to the trusted real estate without prior consent of the trustee and priority beneficiary.
Article 11 (Lease, etc.) (3) A new lease contract shall be made in the name of a trustee with the prior consent of the priority beneficiary.
However, the truster may enter into a lease contract in his name with the prior consent of the trustee and the preferential beneficiary under Article 10(3).
(4) Notwithstanding the provisions of paragraph (3), a lease contract which the truster or beneficiary has concluded at will may not claim its effect to the trustee, and where damage, loss and expenses occur to the trustee without any return from the trustee, the truster or beneficiary shall be compensated for or paid to the trustee, and where the truster or beneficiary fails to compensate for or pay the above damage, etc., the trustee may be entitled to compensate for or receive the above damage, etc. due to the sale of the trust property (the time of disposal of the trust real estate).