건물명도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 25, 2016, the Plaintiff received a successful bid for each real estate listed in the separate sheet (hereinafter “instant real estate”) in the public auction proceeding, and paid the price in full on January 29, 2016, and completed each registration of ownership transfer regarding the instant real estate.
B. On January 29, 2016, the Plaintiff entered into a trust agreement with K non-real estate trust company (hereinafter “K non-real estate trust”) with the following terms (hereinafter “instant trust agreement”), and completed the registration of transfer of ownership based on the instant trust in the name of K non-real estate trust.
Article 1 (Trust Purpose) of the Security Trust Contract(Trust Purpose) is to preserve and manage the trust real estate in order to guarantee the ownership management of the trust real estate and the performance of obligations or responsibilities borne by the trusters.
Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue possession 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 the loss, damage, etc. of real estate in trust, occurs or is anticipated, the 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.
【Ground of recognition】 The fact that there has been no dispute, Gap 1-1 through 1-9, and the purport of the whole pleadings
2. The plaintiff's assertion is the owner of the real estate in this case, and the defendant is the owner of the right to possess the real estate in this case.