(영문) 서울동부지방법원 2016.10.12 2015가합107920

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.10.12 2015가합107920

건물인도 등 청구의 소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. delivers each real estate listed in the separate sheet No. 1;

B. Defendant B, 1.

Reasons

Basic Facts

Article 1 (Trust Purpose) of the Real Estate Security Trust Contract is to preserve and manage the trusted real estate and to liquidate the real estate in the event of default in order to guarantee the ownership management of the trusted real estate and the performance of obligations or liabilities borne by Defendant A.

The profits of the trust under Article 5 shall be the rents, etc. accruing from the trusted real estate and others corresponding thereto.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) Defendant A 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.

(2) Where the plaintiff's prior consent is obtained, the defendant A shall not reduce the value of trusted real estate by establishing a right, such as lease, or changing the present state of trusted real estate.

(4) Defendant A shall allow the Plaintiff’s management of property necessary for preserving and disposing of the value of trusted real estate.

Article 10 (Lease, etc.) (1) The current status of the lease agreement concluded by Defendant A prior to the instant trust agreement on the trusted real estate is equal to Appendix 5, and the lessee’s claim for the return of the lease deposit shall take precedence over the beneficiary’s right to benefit.

(2) The status of the lessor may be succeeded by changing the name of the lessor from the lease contract when the Plaintiff takes over the lease deposit referred to in paragraph (1) to the Plaintiff, and when there is any rent that the lessee pays to the Defendant A in addition to the lease deposit after the change of the lease contract, the rent shall be collected by the Defendant A.

However, in the event that the plaintiff does not accept the lease deposit, the defendant A bears the obligation to refund the lease deposit when the lease contract is terminated or terminated during the period of the trust.

③ A new lease or sub-lease contract after the conclusion of the instant trust contract shall be the Plaintiff.

유사 판례

-수원지방법원 2017.01.12 2015가합71293

-서울중앙지방법원 2016.01.27 2015가단5078881

-서울중앙지방법원 2016.04.29 2015가합505804

-울산지방법원 2020.10.15 2019가단125415

-수원지방법원 2017.04.05 2016구합68480