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(영문) 서울중앙지방법원 2016.01.27 2015가단5078881
건물명도
Text

1. The Defendants shall deliver to the Plaintiff the real estate stated in the attached list.

2. Defendant B from May 1, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The conclusion of a trust agreement (hereinafter “instant trust agreement”) concluded on April 10, 2014 with a loan granted to the Young-dong Agricultural Cooperative and Seoul Livestock Industry Cooperative (hereinafter “Cooperatives”), and agreed on April 10, 2014 that the building listed in the separate sheet (hereinafter “instant building”) as collateral trust to the Plaintiff (hereinafter “instant trust agreement”).

The purpose is to preserve and manage the trusted real estate and to settle the real estate in the event of default in order to guarantee the ownership management of trusted real estate and the performance of the liabilities or responsibilities borne by the truster.

(Article 1). The first beneficiary of trust principal and trust proceeds shall be partnership, and the defendant A shall be the beneficiary.

(Articles 3 and 2-2). The original of the trust shall be the trust real estate or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the trust real estate, and the penalty or other equivalent amount arising in connection with the disposal procedure.

(4) The proceeds of the trust shall be the rent accruing from the trust property, the profits accruing from the management of money belonging to the trust property, and other similar ones.

(Article 5) The truster shall actually continue to occupy and use the trusted property and shall bear all the costs and expenses for the actual preservation of the trusted property and for any management activities and management activities thereof.

(1) The truster shall not, without the prior consent of the trustee, engage in any act reducing the value of the trusted real estate by setting up the right, such as the lease, or changing the current state of the right to the trusted real estate (paragraph (2)). The truster shall allow the trustee to manage the property necessary for preserving and disposing of the value of the trusted real estate.

(4) The truster is to modify the lease contract, such as renewal of the name of the lessor of the lease contract between the lessee and the truster prior to the trust contract.

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