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(영문) 춘천지방법원영월지원 2015.02.12 2014가합2107
부동산인도
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The Plaintiff:

A. Location of the head office of the defendant A and B.

Reasons

1. Facts of recognition;

A. On May 29, 2007, the Development Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a real estate trust agreement with the K non-real estate trust company (hereinafter “K non-real estate trust”) during the trust period from May 28, 2007 to May 28, 2013, with the truster and debtor as the company, the trustee as the non-party company, the trustee as the non-real estate trust, and the real estate security trust agreement with the new bank as the first beneficiary as the new bank (hereinafter “instant trust agreement”). On the same day, the registration of the transfer of the ownership in the name of the K non-real estate trust was completed due to the trust as to each of the instant real estate.

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

The purpose of this trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to guarantee the ownership management of the trusted real estate and the performance of obligations or responsibilities to be borne by the truster (where there is another debtor, including the debtor; hereinafter the same shall apply).

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 incurred in actual management, such as preservation, maintenance, repair, etc. of trust real estate

(2) Where a truster has no prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by creating a right, such as lease, or changing the current state of the trusted real estate.

(3) Where an accident, such as destruction or damage of real estate in trust, occurs or is expected, a truster shall notify the trustee thereof without delay.

(4) A truster shall allow the trustee to manage the property necessary for preserving and disposing of the value of trusted real estate.

Article 10 (Lease, etc.) (1) The current status of a lease contract concluded by a truster on the trusted real estate before this trust contract is equal to attached Table 5, and the same shall apply.

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