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(영문) 서울중앙지방법원 2018.01.10 2017나29223
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

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

Reasons

1. Facts of recognition;

A. On February 13, 2013, Defendant A entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Scar Savings Bank Co., Ltd. (hereinafter “Scar Savings Bank”) and newly built a building by borrowing money.

B. Upon completion of the construction, Defendant A completed the registration of establishment of a mortgage on each of the instant real estate listed in the separate sheet 1 through 17 (hereinafter “each of the instant real estate”), as the receipt of No. 242802 on October 11, 2013, and completed the registration of establishment of a mortgage on each of the instant real estate to the Scar Savings Bank as the receipt of No. 242803 on October 11, 2013, in order to secure loans under the instant credit transaction agreement.

C. On October 11, 2013, the day on which the registration of the establishment of the above neighboring real estate was completed, the Plaintiff entered into a real estate security trust agreement with Defendant A and the truster with respect to each of the instant real estate with the Scar Savings Bank, the truster, Defendant A and the trustee (hereinafter “instant security trust agreement”). On the same day, the Plaintiff completed the registration of the ownership transfer based on the said trust.

The main contents of the instant security trust agreement are as follows.

The defendant A (hereinafter referred to as the "trustee") has entrusted each real estate of this case (hereinafter referred to as the "trust real estate") to the plaintiff (hereinafter referred to as the "trustee") and the trustee has entered into a real estate security trust contract (hereinafter referred to as the "trust contract") as follows in accepting the trust.

Article 1 [Purpose of Trust] In order to ensure the management of ownership of real estate held in a trust and the performance of obligations and responsibilities owed to the truster (including the debtor, if any; hereinafter the same shall apply) and liabilities, the trustee is responsible for the preservation, management of real estate held in trust, realization of default and settlement thereof.

Article 3 [Beneficiary] ① Beneficiary under this Trust Contract shall be the first beneficiary of the trust principal in attached Form 2-2.

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