(영문) 서울중앙지방법원 2019.11.26 2019나28668

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(영문) 서울중앙지방법원 2019.11.26 2019나28668

부당이득금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a business entity leasing the sn beam beam for the Civil Works Corporation (a soil studs), and around February 2013, Nonparty C (hereinafter “Nonindicted Company”) requires construction of a neighboring residential building (the 2nd floor above the ground surface8 floor), which is located in Pyeongtaek-si D 707.3 square meters (hereinafter “instant land”). On the other hand, the Plaintiff leased a volume of 175 tons of the Hn beam using the earth studing from the underground ground, but the Nonparty Company discontinued construction with the completion of the underground excavation process, and did not recover the sn beam beam.

B. On July 29, 2010, the non-party company entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant, setting the trust term as five years from the date of the registration of the trust (the period may be extended by consultation between the truster and the trustee before the termination of the trust) and the first priority beneficiary as E organization.

C. Of the trust provisions entered in the trust ledger between the non-party company and the defendant bound in the register of the land of this case, the part relating to this case is as follows.

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

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

(3) Where an accident, such as destruction or damage of real estate in trust, occurs or is expected, a truster shall immediately notify the trustee thereof.

(4) A truster shall allow the trustee to manage the property necessary for preserving and disposing of the value of trusted real estate.

[Matters of special agreement] Article 2 (Management of Trust Real Estate) The trustee shall be the truster and the trustee.

유사 판례

-춘천지방법원영월지원 2015.02.12 2014가합2107

-춘천지방법원영월지원 2015.11.05 2015가합2258

-대전지방법원 2016.11.22 2016가단202357

-서울중앙지방법원 2021.04.27 2020가합608875

-서울중앙지방법원 2014.09.24 2013가합92304