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1. The part of the claim for the delivery of a building based on the subrogation right of the obligee among the lawsuit of this case against the defendants is dismissed.
2...
Reasons
1. Basic facts
A. The Plaintiff on July 19, 2013, as to the real estate stated in the separate sheet (hereinafter “instant apartment”).
x. The registration of preservation of ownership was completed in the future after the registration of preservation (the death after the registration of preservation) and finally, the registration of preservation of ownership was completed as follows.
(2) On July 19, 2013, on July 17, 2016, the date of receipt of the registration of an order of priority registration, the registration of ownership transfer was completed in the future. On February 17, 2016, the trust of the trust of the trust of the Plaintiff (3/5 shares) and E (2/5 shares, the Plaintiff’s shares, and the Plaintiff’s shares, on February 17, 2016, the trust of the trust of the trust of the case of real estate on July 17, 2016.
B. The trust agreement dated February 17, 2016 between the Plaintiff, E and K non-real estate trust (hereinafter “instant trust agreement”) is a real estate security trust agreement. The trust period is from February 2, 2016 to the time of debt repayment (Article 2(1) of the contract, Appendix 2-1 of the contract), and the main contents are as follows.
Article 1(Purpose of Trust) The purpose of this Trust is to preserve and manage trust real estate in order to ensure the management of ownership of real estate held in trust and the performance of liabilities or responsibilities owed by the truster, and to liquidate and settle the trust real estate in the event of default.
Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue possession 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 the loss or damage of real estate in trust, occurs or is expected, the truster shall notify the trustee thereof without delay.
(4) A truster shall manage the property of the trustee necessary for preserving and disposing of the value of trusted real estate.