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(영문) 수원지방법원 2017.06.22 2016가단536134
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) an indication 1, 2, 2., of the geographical strata of the real estate listed in the Schedule 1 annexed hereto;

Reasons

1. Basic facts

A. The real estate listed in the attached Table 1 (hereinafter “instant building”) and Dsports site in Suwon-si, Suwon-si, Suwon-si, which is the relevant site, owned by F and G Mutual Savings Bank (hereinafter “F”) in its original possession of F and G on June 13, 201, the instant building and each of the instant land, which is the relevant site, was owned by F and G. The registration of ownership transfer was completed on May 26, 2016 with respect to each of the instant 1/2 shares of each of the instant building and land.

B. F and G concluded a real estate security trust agreement with the Plaintiff on June 13, 2016 with respect to the instant building and land, and on the same day, they completed the registration of ownership transfer by reason of trust on June 13, 2016 to the Plaintiff.

At the time of the registration of the trust of this case, the trust deed registered together as the trust ledger includes the following matters:

Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate in fact continuously and continuously, and bear the actual management activities, such as preservation, maintenance, repair, etc. of trust real estate, and related expenses.

(2) If no prior consent of the trustee and the first beneficiary is obtained, the truster shall not reduce the value of the trusted real estate by any act of restricting the ownership, such as lease, mortgage, and establishment of a right to lease on a deposit basis, or by changing the current state of the trusted real estate

Article 12 (Lease, etc.) (1) A lease contract concluded between a truster and a lessee before this contract is concluded shall remain effective, and the truster shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, other responsibilities and rights as the lessor.

In addition, when the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred and taken over between the truster and the trustee, the trustee is the lessor.

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