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(영문) 서울북부지방법원 2016.08.18 2015가합24021
임대차보증금반환
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B, C, D, I, and J concluded each lease agreement with the Plaintiff B, C, D, I, I, and J as shown in the list of real estate (hereinafter “instant real estate”) as the co-owners of Q2 Co., Ltd. (the share 4674.13/14) or R Co., Ltd (the share 3961.01/14/863 of equity) as to part of the instant real estate (the share 8635.14/14) as listed below.

(A) Of the names of the Co., Ltd. (hereinafter referred to as “Co., Ltd.”) . [Attachment 1] / [Attachment 1] The lessor BD 2004 Jun. 1, 2004 (the land 1) floor BD 10,000 square meters (the 1st floor) floor 90,000 won R 1,203.3.26 (1j) on Nov. 26, 2004 (2nd), the first floor 15.84 square meters (final) on May 27, 2005 (final) 15.84 square meters (retail) KRW 15,50,000 won (retail) KRW 120,000,00 won, QRJ 300,000 square meters on Feb. 25, 2003

B. The first trust registration of the instant real estate, Q, R, the first trust registration of Q, the first trust registration of the instant real estate, and on August 16, 2005, the first trust agreement for the disposal of real estate for security trust, the first beneficiary of which is the National Agricultural Cooperative Federation (Gu Digital Branch) with respect to the instant real estate.

The trustee’s asset trust concluded a contract and completed the registration of ownership transfer on August 18, 2005 with respect to the instant real estate on the ground of the primary trust agreement. The provisions relating to the lease agreement are as follows. Article 9 (Preservation, Management, etc. of Trust Real Estate) of the first trust agreement is as follows. ① The truster shall actually continue to occupy and use the trust real estate and shall bear all the actual preservation and management activities for the trust real estate and all the expenses incurred therefrom. ② The truster shall not reduce the value of the trust real estate by means of the creation of rights, such as the lease, or modification of the current state, with respect to the trust real estate without the trustee’s prior consent.

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