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1. The Defendant shall, among the real estate listed in the attached Form 1, each point of Attached Form 2, 1, 2, 3, 4, and 1.
Reasons
1. Basic facts
A. On January 26, 2009, C Co., Ltd. (hereinafter “C”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with D Co., Ltd. (hereinafter “D”) on the real estate listed in attached Table 1 (hereinafter “instant real estate”).
D has completed the registration of ownership transfer on November 5, 2009 on the instant real estate by reason of trust.
B. Of the instant trust agreement, the content pertaining to the instant case is as follows.
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 to be borne by the truster (including the debtor, if any; hereinafter the same shall apply), this trust is aimed at preserving and managing the real estate held in a trust and realizing and settling the trust in the event
Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate in fact continuously, and shall bear all the expenses incurred therein, such as actual management, such as preservation, maintenance, repair, etc. of trust real estate.
(2) The purpose of a trustee is to manage and preserve only the ownership of real estate in a trust before the commencement of realization at the request of the priority beneficiary, except as otherwise provided for in this contract.
(3) Where a truster has no prior consent of a trustee, he/she shall not limit the ownership of real estate in a trust or reduce the value thereof by creating rights, such as lease, or changing the current state thereof, etc.
Article 11 (Lease, etc.) (1) A lease contract concluded between a truster and a lessee before a trust contract is concluded shall be valid in its entirety, and the truster shall submit to the trustee a written confirmation of lease accompanied by a copy
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.