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(영문) 서울중앙지방법원 2017.07.19 2015가단5278339 (1)
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 129,377,740 as well as 24% per annum from August 21, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) newly constructed a building E, an aggregate building, on the land and two lots of land, the Gangnam-gu Seoul Metropolitan Government D large 437§³, and completed registration of initial ownership on December 30, 2009 with respect to each section of exclusive ownership of the instant building.

B. The F Co., Ltd. (hereinafter “F”) entered into a real estate security trust agreement with C on December 30, 2009, and completed the registration of ownership transfer based on the same day with respect to each section of exclusive ownership of the instant building.

The above real estate security trust agreement includes the following:

Article 1 (Trust Purpose) In order to ensure the management of ownership of real estate held in a trust and the performance of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to him/her, the trustee shall preserve and manage the real estate held in a trust and shall liquidate it in the event of default

Article 10 (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.

Article 16 (Bearing of Expenses) (3) Where the truster fails to pay the expenses, etc. under paragraph (1) at the time of payment, the trustee may pay on behalf of the truster, and the truster of the circumstance shall pay the delay damages from the payment date to the repayment date to the trustee with the delayed interest rate of the financial institution first designated

Article 3 (Management of Real Estate in Trust) (1) A trustee shall perform important matters related to the performance of duties in trust in consultation with a truster and a preferential beneficiary, and a trustee shall perform only the management of ownership on the registry and the transfer of ownership at the request of the preferential beneficiary, and all of the management of real estate in trust shall be performed by

(c).

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