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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
B. From December 18, 2017:
subsection (b).
Reasons
1. Facts of recognition;
A. The registration of ownership preservation was completed in the name of 12 persons, including E, March 25, 2015 due to the entrustment of the registration of provisional disposition with respect to the buildings listed in the attached list (hereinafter “instant building”), and thereafter, the said building was approved for use on May 4, 2015.
B. As to the instant building, 12, including E, entered into a real estate security trust agreement with the Defendant Supplementary Intervenor, the president of the partnership, and completed the registration of ownership transfer with the Intervenor Association on the same day. On June 5, 2015, the Intervenor Association entered into a real estate security trust agreement with the International Asset Trust Co., Ltd. (hereinafter “instant trust agreement”) and completed the registration of ownership transfer with the trust company on the same day. However, the instant trust agreement included the following provisions.
Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster participant cooperative shall have the real continued possession and use of the trust real estate, and shall bear all the expenses for the actual preservation of the trust real estate and all the management activities thereof.
(2) Where there is no prior consent from a trustee international asset trust company, the truster intervenor association 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.
C. On August 1, 2015, the Defendant entered into a lease agreement with E to lease the instant building by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1 million, and the lease term from August 12, 2015 to August 12, 2017 (hereinafter “instant lease agreement”), and the said lease agreement was implicitly renewed.
The Defendant paid KRW 50 million to E in accordance with the instant lease agreement, and thereafter received the instant building from E, and thereafter, from August 2015, the Defendant was from August 2015 to August.