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(영문) 인천지방법원 2020.07.17 2019나58707
건물명도(인도)
Text

1. Of the instant lawsuit, the part regarding the claim for delivery of a building based on the subrogation right of the Plaintiff added by this court.

Reasons

1. Basic facts

A. On September 23, 2015, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff regarding the instant real estate.

B. On August 12, 2016, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with C Co., Ltd. (hereinafter “C”) with respect to the instant real estate, and completed the registration of ownership transfer based on trust C on the same day.

C. The part relating to the instant trust agreement is as follows.

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.

Article 10 (Lease, etc.) (1) A truster shall cooperate in amending a lease contract, such as renewal of the name of a lessee before the trust contract and of a lessor between the truster and the trustee.

(2) Where, even after a lease contract for the alteration of a lease under paragraph (1) has been concluded, any rent other than the rental deposit, is paid to the truster, the truster shall continue to receive it.

Article 27 (Lawsuits) (1) A trustee may, upon receipt of an application for binding proceedings by the truster, accept it with his/her consent, or may accept it by his/her own decision.

On the other hand, on September 1, 2010, the Defendant entered into a lease agreement between D and D with regard to the instant real estate as the deposit for the lease deposit of KRW 130,000,000 and the lease period of KRW 24 months from December 2, 2010.

【Non-contentious facts, Gap’s evidence 1 through 5, 8, 9(including paper numbers), Eul’s evidence 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, as a truster of the instant real estate, has the right to possess, use, preserve, and manage the instant real estate pursuant to Articles 9(1) and 10(2) of the instant trust agreement and to receive monthly rent.

2.3.

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