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(영문) 인천지방법원 2017.08.18 2015가합57160
임대차보증금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. K Co., Ltd. and the Defendant’s issuance of a real estate security trust agreement and a certificate of beneficial rights 1) K Co., Ltd. (former trade name: L: hereinafter “K”).

(1) On June 18, 2003, M Co., Ltd., N Co., Ltd., N Co., Ltd., and O Co., Ltd., with loans owed to them, the above banks as priority beneficiaries are buildings of Qu’s ground P (hereinafter “instant building”).

(1) The real estate security trust agreement (hereinafter “instant trust agreement”) under the terms and conditions that the Defendant trust to the Defendant.

(2) On June 19, 2003, the Defendant completed the registration of ownership transfer based on the above trust contract with respect to the instant building.

3) Of the instant trust agreement, the part related to this case is as follows. The purpose of this trust is to preserve and manage the real estate held in a trust and to realize and settle the trust in the event of nonperformance in order to guarantee the management of ownership of the real estate held in a trust and the performance of obligations or responsibilities owed by the truster to the truster. Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) The truster has continuously occupied and continuously used the real estate held in a trust, and to maintain, maintain, repair the real estate held in a trust, and to bear all expenses incurred therein. (2) The truster shall not engage in any act of reducing the value of the real estate held in a trust without the trustee’s prior consent by means of any act of restricting ownership, such as lease, mortgage, establishment of a right to lease on a deposit basis, or by changing the current state of the real estate held in a trust.

Provided, That the name of the lessor under the lease contract shall be renewed as the trustee, and the lease deposit shall be taken over and transferred between the truster and the trustee.

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