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(영문) 수원지방법원 2015.06.26 2013가합13521
건물철거 등
Text

1. The Defendant KF real estate trust Co., Ltd.:

A. Removal of the buildings listed in the separate sheet No. 2 from the plaintiffs, B.

Reasons

1. Basic facts

A. H as the owner of the land listed in the separate sheet No. 1 (hereinafter “instant land”), newly constructed each of the real estate listed in the separate sheet No. 2 and 3 [I building, hereinafter “the instant loan”) on the ground and completed registration of initial ownership on August 2, 2010.

B. On October 5, 2010, H and Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Trust”) concluded a real estate security trust agreement (hereinafter “instant trust agreement”) by designating H as a truster and Defendant KB Trust as a trustee with respect to the instant land and loan, and Defendant KB Trust completed the registration of transfer of ownership based on the trust regarding the instant land and building on the same day (hereinafter “instant trust registration”).

C. The trust agreement of this case attached to the registration application of this case was incorporated in the trust ledger at the time the registration of this case was completed and bound in the register of the loan of this case. The provisions on the management of real estate in the trust contract of this case concerning the trust of this case are as follows.

Article 1(Purpose of Trust) The purpose of this Trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to ensure 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 Trust Real Estate) (1) A truster shall virtually continue to possess and use trust real estate, and shall bear all the expenses incurred in actual management, such as preservation, maintenance, repair, etc. of trust real estate

Article 14 (Bearing of Expenses) (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, etc. for the performance of trust affairs, and all other expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the course of performing trust affairs

(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date.

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