건물명도(인도)
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Facts of recognition
A principal lawsuit and a counterclaim shall be deemed simultaneously.
On June 20, 2019, the Plaintiff completed the registration of ownership transfer based on sale on May 31, 2019 with respect to the building listed in the separate sheet (hereinafter “instant building”) on June 20, 201, and completed the registration of ownership transfer based on trust to E on the same day.
From April 1, 2016, the Defendant occupied and used the instant building from around April 1, 2016 to the present date.
[Based on the recognition, the Plaintiff asserts that the Plaintiff is obligated to deliver the above building to the Plaintiff and compensate the Plaintiff for damages caused by its possession, since the Plaintiff occupied the above building without a legitimate title from the date of acquiring the ownership of the building of this case.
However, if the registration of ownership transfer is completed in the trust of real estate in the future of the trustee, the ownership is entirely transferred to the trustee and the ownership is not reserved by the truster in the internal relationship with the truster.
As such, the trustee has the right to manage the trust property domestically and externally as a result of the transfer of ownership of the trust property to the trustee due to the validity of the trust. However, the trustee is merely a burden of restrictions on managing the trust property within the scope of the purpose of the
(See Supreme Court Decision 200Da70460 Decided April 12, 2002, etc.). However, as seen earlier, the Plaintiff completed the registration of ownership transfer on the ground of trust on June 20, 2019 with respect to the instant building as seen earlier, and thus, the trustee has the right to manage the trust property inside and outside the country by transferring the ownership of the trust property to the trustee with the effect of the trust.
Therefore, the plaintiff who is the truster does not have the right to claim damages from the delivery and illegal possession to the defendant.
Therefore, the plaintiff.