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(영문) 서울중앙지방법원 2016.02.16 2015가합6185
부동산인도 등
Text

1. The Defendant shall deliver to the Plaintiff the sixth floor of a building listed in attached Table 2(2) of 1282.66 square meters (business facilities).

2...

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a juristic person established under the Agricultural Cooperatives Act to provide farmers and their associations with necessary financial services, and is engaged in the business of lending necessary funds to farmers and cooperatives, such as agricultural and fishing villages funds. 2) The Defendant is a model event agency business, model school, entertainment-related business, etc.

B. On October 21, 200, the Defendant entered into a real estate lease contract with the Defendant on October 21, 200, occupied the six-story 1282.66m2 of the building listed in the annexed Table No. 2 (hereinafter “instant building”) from the Defendant’s Intervenor on the six-story 1282.6m2 (hereinafter “the six-story of the instant building”) as the deposit deposit money, and the period from the date of surrender to the date of business transfer.

C. On February 2, 2010, the Defendant joining the Defendant’s Intervenor (hereinafter “new real estate trust”) with respect to the trust of new real estate on February 2, 2010.

(C) the land listed in Section 1 of the Schedule (hereinafter referred to as “instant land”) between the division.

2) The instant trust agreement was concluded on the trust of the instant building (hereinafter “instant trust agreement”).

The main contents of the instant trust agreement are as follows. ① The first beneficiary may not transfer or change the status of the first beneficiary during the period of trust without the trustee’s prior consent, or make any other disposition such as the creation of a pledge against the right to benefit, etc. (Article 7(5)). ② The trustee shall make the settlement order on the realization procedure in the disposition disposition, etc. (Article 22(1)(i) the expenses and remuneration related to the trust contract; ii) the small amount of lease deposit before the registration of trust; iii) the trust deposit before the registration of trust, which does not fall under (ii) and (iii) the lease deposit that is returned to the trustee, among the lease deposit that is returned to the trustee, (iv) the first beneficiary’s credit, and (v) the remaining amount, if any.

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