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(영문) 춘천지방법원영월지원 2015.11.05 2015가합2258
방해금지
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2006, the trust period for the land and two buildings including the instant real estate (hereinafter “the entire real estate”) was concluded on November 20, 2006, with respect to the 62 pieces of land and two buildings including the instant real estate, from November 30, 2006 to November 30, 2014, with the truster and debtor as well as the trustee, EL Forest Development, the trustee as the National Agricultural Cooperative Federation as the National Agricultural Cooperative Federation, and the case non-trust completed the registration of ownership transfer on the entire real estate of this case on the same day, based on trust. The main contents of the above trust agreement are as follows.

The purpose of this trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to guarantee the ownership management of the trusted real estate and the performance of obligations or responsibilities to be borne by the truster (where there is another debtor, including the debtor; hereinafter the same shall apply).

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

(2) Where a truster has no prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by creating a right, such as lease, or changing the current state of the trusted real estate.

(3) Where an accident, such as destruction or damage of real estate in trust, occurs or is expected, a truster shall notify the trustee thereof without delay.

(4) A truster shall allow the trustee to manage the property necessary for preserving and disposing of the value of trusted real estate.

Article 7 of the Special Agreement.

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