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(영문) 대전지방법원천안지원 2016.11.08 2015가단109054
건물명도
Text

1. The Plaintiff:

A. Defendant C shall provide the real estate in the attached list No. 2;

B. Defendant D shall respectively engage in the real estate listed in the attached Table 3.

Reasons

1. Basic facts

A. As between August 8, 2013 and E, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with respect to each of the instant real estate listed in the separate sheet owned by E (hereinafter “each of the instant real estate”), and completed the registration of ownership transfer in the future of the Plaintiff on the same day due to the instant contract.

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 for actual preservation of trust real estate, all the management activities and all the expenses for such activities.

(2) Where a trustee has not given prior consent of the trustee, the truster 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.

Article 10 (Lease, etc.) (1) Where a lease contract is concluded between a truster and a lessee before this trust contract is concluded, such 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.

Provided, That where the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred between the truster and the trustee, the trustee shall succeed to the status of the lessor.

(2) In cases falling under paragraph (1), if there is any rent paid by the lessee to the truster in addition to the deposit for lease, the truster shall continue to receive it, and the rent to be received by the truster shall, in principle, be appropriated for repayment of the principal and interest under credit transaction contracts between the priority beneficiary and the principal debtor and the principal debtor in connection with this trust contract.

Provided, That if the truster is a surety, the same shall apply from the time when the surety has occurred.

(3) Termination of a lease contract or termination of a lease contract during the trust period.

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