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(영문) 서울고등법원 2012.06.28 2011나91564
건물인도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:

(a) the annexed list;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On September 20, 2007, the Plaintiff entered into a real estate security trust agreement with a democratic industrial development company (hereinafter “ democratic industrial development”), and with respect to a number of sections for exclusive use, including each real estate listed in the separate sheet among the 15th floor buildings of the building of reinforced concrete-based structure (refinite), the truster’s democratic industrial development, the trustee, the plaintiff, the first, and the second priority beneficiary company, the National Bank of Korea (the trustee company of Epimo Private Equity Fund Special Asset Investment Trust 2), the first priority beneficiary company, the second priority beneficiary company, etc., with the following contents:

(hereinafter “instant trust contract”). Article 1 (Trust Purpose) of the Trust is to preserve and manage the trusted real estate and to liquidate the real estate in the event of nonperformance in order to ensure the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the trustor.

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

(2) Where a trustee has no prior consent of the trustee, the truster shall not reduce the value of the trusted real estate by creating a right, such as lease, or changing the current state of the trusted real estate.

Article 10 (Lease, etc.) (3) A new lease or sub-lease contract after the conclusion of this trust contract shall be concluded in the name of the truster on the condition of prior consent of the trustee, but the lease deposit shall be deposited to the trustee.

B. The Plaintiff completed the ownership transfer registration and trust registration for the instant trust as of October 23, 2007, No. 139044, which was received on October 23, 2007, with respect to the instant real estate, on the grounds of the instant trust.

C. The defendant on October 31, 2008.

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