(영문) 대전지방법원천안지원 2016.10.25 2015가단109702

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(영문) 대전지방법원천안지원 2016.10.25 2015가단109702

보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 2013, with respect to the real estate listed in the separate sheet (hereinafter “instant housing”), a lease agreement was concluded between A and B, under which the term of lease deposit is KRW 30,000,000, and the term of lease is from August 20, 2013 to August 19, 2015 (hereinafter “instant lease agreement”).

B. The instant housing acquired ownership on June 29, 2010 by C, but sold it to A on November 26, 2012.

C. On November 26, 2012, A entered into a real estate security trust agreement with a truster A and a truster as the defendant (hereinafter “instant trust agreement”), and completed the registration of ownership transfer based on trust in the future of the defendant on the same day. On August 8, 2013, A completed the registration of ownership transfer based on the trust property’s attribution, and completed the registration of ownership transfer based on trust in the future of the defendant on the same day.

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

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

Article 10 (Lease, etc.) (1) Where a lease contract is concluded between a truster and a lessee before this trust contract is concluded, such lease contract shall remain effective and the truster shall continue to maintain the status of the lessor, such as a duty to return the lease deposit, other responsibilities and rights as the lessor.

Provided, That where the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred between the truster and the trustee, the trustee shall succeed to the status of the lessor.

(2) Paragraph (1).

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