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(영문) 인천지방법원 2021.02.03 2020가단259260
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached list. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a person who completed registration for the preservation of ownership in the name of the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 10, 2018.

B. On August 9, 2018, D, in order to newly construct and sell an aggregate building in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant aggregate building”), including the instant real estate, obtained loans from five financial institutions, including F banks, with a maturity of KRW 15.2 billion and a maturity of one year.

D On August 10, 2018, the above financial institutions and the Plaintiff entered into a real estate security trust agreement with respect to 130 households of the instant aggregate building including the instant real estate (hereinafter “instant security trust agreement”) with the purport that the trust period of 130 households of the instant aggregate building including the instant real estate was set at one year from the date of loan, and on the same day, the Plaintiff completed the registration of transfer of ownership based on the instant trust with respect to the instant real estate.

(c)

The details related to the lease, disposal, etc. in the security trust contract of this case are as follows.

Article 9 [Preservation, Management, etc. of Trust Real Estate] (2) No truster shall reduce the value of trust real estate by creating rights, such as lease, or changing the current state thereof, on real estate without the prior consent of the trustee.

Article 10 [Lease, etc.] (1) A truster shall cooperate in amending a lease agreement, such as renewal of the name of a lessee prior to the trust agreement and the name of a lessor between the truster and the trustee.

(2) Where, even after a contract for the change of a lease prescribed in paragraph (1) has been concluded, if any monthly rent other than the deposit is paid to the truster, the truster shall continuously collect such rent, and the truster shall bear the obligation to return the deposit where the lease contract is terminated or terminated halfway during the period of the trust.

(3) The expiration of the lease contract term during the trust period.

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