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(영문) 인천지방법원부천지원 2020.07.23 2019가단105964
건물인도
Text

The Defendants deliver to the Plaintiff the real estate listed in the attached list.

Litigation Costs shall be borne by the Defendants.

Reasons

Facts of recognition

A. D’s acquisition of ownership and trust agreement 1) D’s real estate listed in the separate sheet on August 1, 2015 (hereinafter “instant real estate”) (hereinafter “instant real estate”).

(2) D) on September 21, 2015, purchased 363.8685/14 shares of the instant real estate and completed the registration of ownership transfer on September 3, 2015, and purchased 7.2715/14 of the instant real estate shares on September 14, 2015 and completed the registration of ownership transfer on the same day, thereby owning the entire ownership. 2) D entrusted the instant real estate to E Co., Ltd (hereinafter “trust”) on September 21, 2015, and completed the registration of ownership transfer on the same day.

As a real estate security trust, the above trust contract is the FF Association for the first beneficiary, the principal debtor for the D, and the amount of profit limit is KRW 650 million.

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

(2) Where a truster has not given prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by creating rights, such as lease, or changing 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, the 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.

(3) Where a new lease contract, the name of which is a truster, is entered into due to the expiration of the lease contract period, the termination of the lease contract, etc. during the trust period, the prior consent of the trustee shall be obtained pursuant to Article 9 (2)

In such cases, the trustee shall not bear the rights and obligations in relation to the lease contract, and in the case of Article 16, the trustee, such as a request for surrender to the lessee.

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