(영문) 서울서부지방법원 2020.02.14 2019가단244679

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(영문) 서울서부지방법원 2020.02.14 2019가단244679

건물명도(인도)

Text

1. The defendant is based on the attached drawings 1, 2, 3, 4 and 1, among the real estate 40.07 square meters listed in the attached list on the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 17, 2016, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the leased deposit amount of KRW 3.5 million, monthly rent, and the period from April 2, 201 to April 1, 2021, among the real estate listed in the separate sheet (hereinafter “instant building”) 40.07 square meters on the 1st floor, which is indicated in the separate sheet (hereinafter “instant building”).

According to Article 4 of the above lease contract, if the defendant who is a lessee fails to pay the rent more than three consecutive times, the lessor may terminate the lease contract immediately.

B. Since then, the instant building was sold to D, and on May 14, 2019, sold to E Co., Ltd. (hereinafter “Nonindicted Company”) and the registration of ownership transfer was completed in the name of Nonparty Company on July 12, 2019.

C. On July 12, 2019, the Plaintiff entered into a real estate security trust agreement between the non-party company and the non-party company by designating the first beneficiary as the FF association with respect to the instant building, and on the same day, completed the registration of ownership transfer based on the said trust in the name of the Plaintiff.

The main contents of the above trust agreement are as follows:

The truster shall take all measures necessary for the preservation, maintenance, repair, management, etc. of the trusted real estate and bear taxes, public charges, etc.

(2) A lease contract concluded by a truster on the trusted real estate before the date of conclusion of this trust contract shall be valid, and even after the date of conclusion of this trust contract, the truster may lease, possess or use directly the trusted real estate to another person

(3) Notwithstanding paragraph (2), a truster shall conclude a lease contract, establish a mortgage, establish a right to lease on a deposit basis, etc. on the trusted real estate after the date of this trust contract.

유사 판례

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