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(영문) 수원지방법원 2018.12.04 2017가단534364
건물명도(인도)
Text

1. Of the buildings listed in the attached list No. 2 to the Plaintiff, Defendant D Co., Ltd. is the second floor H and I, and Defendant E.

Reasons

1. Basic facts

A. On February 2, 2010, Defendant D Co., Ltd. (hereinafter “Defendant D”) concluded a real estate security trust agreement with Nonparty M Co., Ltd. (hereinafter “M”) on the real estate indicated in the separate sheet (hereinafter “instant building”) owned by Defendant D, and completed the registration of ownership transfer on February 3, 2010 with the grounds for registration.

(A) Evidence No. 11 (B)

The provisions concerning the preservation, management, etc. of the building of this case among the contents of the real estate security trust contract of this case are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) A (Defendant D) shall actually continue to possess and use Trusted Real Estate, and shall bear all the actual preservation of Trusted Real Estate and all the management activities and expenses incurred therein.

A shall not engage in any act to reduce the value of the trusted real estate by means of the establishment of rights, such as lease, or modification of the current state, without prior consent of B (M).

A shall immediately notify B of the occurrence of any other accident, such as the destruction or damage of the trusted real estate, or the occurrence of such an accident, if any.

Article 10 (Lease, etc.) If a lease contract is concluded between A and a lessee before this trust contract is concluded, the lease contract shall be effective and shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, other responsibilities and rights as the lessor.

Provided, That where the name of the lessor is renewed in the name of the lessor B under the lease contract and the lease deposit is transferred between A and A, it shall be deemed that he/she succeeds to the status of the lessor.

In the case of paragraph (1), if there is any rent paid by a lessee to A in addition to the lease deposit, it shall be the continued receipt by A, and the rent received by A shall be under the credit transaction contract and the guarantee obligation contract between the priority beneficiary and the principal debtor in relation to this trust contract.

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