(영문) 서울중앙지방법원 2017.11.08 2017가단22764

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(영문) 서울중앙지방법원 2017.11.08 2017가단22764

임대차보증금반환

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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from March 1, 2013 to March 17, 2017.

Reasons

1. Facts of recognition;

A. On December 28, 2007, the Defendant entered into a real estate security trust agreement with the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), which provides that if the Gyeongnam Bank received a trust from the Defendant, and maintains and manages the land and its ground D buildings (attached Form; hereinafter “instant site and buildings”) in Seoul Jung-gu, Seoul, and the Defendant fulfilled the obligation of loans to the priority beneficiary, the Gyeongnam Bank, the trustee of the Gyeongnam Bank, entered into the said trust agreement with the Gyeongnam Bank to secure its performance by realizing and settling the said site and buildings (hereinafter “instant trust agreement”). On the same day, the Gyeongnam Bank completed the registration of ownership transfer for the instant site and buildings due to trust.

B. The relevant provisions of the instant trust agreement are as follows.

Article 10 (Preservation, Management, etc. of Trusted Real Estate) (1) The defendant shall actually continue to occupy and use Trusted Real Estate (the site and building in this case) and shall bear all the expenses incurred therein.

(2) Where no prior consent is obtained from a bank, no defendant shall reduce the value of trusted real estate by means of restricting its ownership, such as lease, establishment of mortgage, establishment of chonsegwon, etc., or by changing the current state of trusted real estate.

Article 11 (Lease, etc.) (3) Where a new lease contract is entered into with a lessor as a defendant on the expiration of the term of the lease or the termination, etc. of the lease contract during the period of the trust, the prior consent of the bank shall be obtained pursuant to Article 10

In such cases, a bank shall not bear any rights or duties in connection with a lease contract, and in the case of Article 19, the measures taken by the bank, such as a request for surrender to a lessee, shall be specified in the lease contract

(4) Notwithstanding the provisions of paragraph (3), a lease contract which the defendant voluntarily concluded shall be concluded.

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