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(영문) 서울중앙지방법원 2016.06.09 2015가단198414
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2008, the Plaintiff (former K&C Co., Ltd.) entered into a trust agreement with the trustee, with respect to the instant building site D and E, and its ground building (hereinafter “instant building”) as the truster, along with the UN LABTTTTT, (hereinafter “instant building”) on January 11, 2008, the trust agreement was concluded with the trustee, an international asset trust trust agreement (the first priority beneficiary (the first priority beneficiary (joint beneficiary), the mutual savings bank, the Seoul K&C mutual savings bank, the trust agreement date, the mutual savings bank, and the principal debtor) on the same day).

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue to possess and use trust real estate, and fully bear all the expenses incurred in the actual preservation of trust real estate, all the management activities thereof, and all the expenses.

(2) Where a trustee has not given prior consent of the trustee, the truster shall not reduce the value of the trusted real estate by means of creation of rights, such as lease, or modification of the current state thereof, etc.

(5) A truster shall accept and cooperate in the management of property of the trustee necessary for preserving and disposing of the value of trusted real estate.

Article 10 (Lease, etc.) (1) Where a lease contract is concluded between a truster and a lessee before this trust contract is concluded, the lease contract shall remain effective and the truster shall continue to maintain the status of the lessor, such as a duty to return the lease deposit, other responsibilities and rights as the lessor.

Provided, That where the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred and taken over between the truster and the trustee, the trustee shall succeed to the status of the lessor.

(2) In cases falling under paragraph (1), if there is any rent paid by the lessee to the truster in addition to the deposit for lease, the former shall be deemed to have been received by the truster.

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