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(영문) 서울고등법원 2018.12.12 2018나2020192
토지인도
Text

1.The judgment of the first instance court, including any claims to be reduced and added in the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On November 30, 2009, the Defendant entered into a security trust agreement with K non-real estate trust company (hereinafter “K non-trust”) on each real estate, etc. listed in the separate sheet of real estate (hereinafter “each real estate of this case”) on its own, and completed the registration of transfer of ownership based on the above trust on the following day.

B. The main contents of the above trust agreement are as follows:

Article 1 (Purpose of Trust) The purpose of the instant trust is to preserve and manage the trusted real estate and to liquidate it when the trustee fails to perform his/her obligations in order to guarantee the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the truster.

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. (c)

On April 19, 2017, the Plaintiff purchased each of the instant real estate from KF Trust through public sale procedures in KRW 5,675,040,00, and completed the registration of ownership transfer in the name of the Plaintiff on June 13, 2017.

The Defendant shall each of the goods on the part indicated in the annex No. 2 (2) of the building listed in the attached Table No. 2 (hereinafter “the instant hospital building”) among the instant real estate: ① 308.61 square meters on the first floor; ② 308.61 square meters on the second floor; ③ 24.2 square meters on the attached map No. 18 square meters on the third floor; ④ part 24.2 square meters on the attached map No. 284.18 square meters on the fourth floor; ⑤ 6.6 square meters on the part indicated in the attached map No. 3 of the land No. 301.65 square meters on the land No. 24.84 square meters.

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