소유권이전등기말소 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court's explanation concerning this case are as follows: "The trust remuneration claim of the defendant is a bond (regular pay claim) paid regularly for a period of not more than one year within one year as provided by Article 163 subparagraph 1 of the Civil Code, and if it is not exercised for three years, the extinctive prescription expires. The defendant asserts that he will exercise the above trust remuneration claim through a preparatory document dated May 26, 2014, since the period of three years after the lapse of three years from December 31, 2004, the above trust remuneration claim already expired.
"At the same time, the plaintiff's assertion in the trial is consistent with the reasoning of the judgment of the court of first instance, except for adding the following judgments to the corresponding part of the judgment, so it is citing it as it is in accordance with Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. According to each of the instant trust contracts, the Defendant asserts that the Plaintiff should pay the trust fees for the period of the instant trust on the premise that the right holder to whom each of the real estate listed in the separate sheet belongs is “implementer” upon the termination of the trust, and the statutory trust established after the termination of the trust in this case has the meaning of “extension of the present trust” to revert the remaining trust property to the implementer. However, where the trust is terminated upon the expiration of the period under each of the instant trust agreements, “the trustee shall return the certificate of the right to benefit from the beneficiary and deliver the trust property to the beneficiary” (see the main sentence and attached part of Article 15(3)), and on the other hand, Article 6(2) of the Special Clause on each of the instant trust agreements, which provides that “The trustee shall be returned the certificate of the right to benefit from