부동산인도
1. The Defendant shall deliver to the Plaintiff the second floor of 376.13 square meters among the real estate listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. On September 13, 2013, the Defendant entered into a lease agreement with B to lease the second floor (hereinafter “the instant building part”) of the real estate listed in the separate sheet owned by B (hereinafter “instant building”) by setting the lease deposit amount of KRW 50 million, monthly rent of KRW 6 million, and the term of lease from October 13, 2013 to November 13, 2015 (hereinafter “the instant lease agreement”). The Defendant determined that the lessor may terminate the lease agreement immediately if the lessee fails to pay rent at least twice consecutively.
B. On October 13, 2013, the Defendant received delivery of the instant building from B, and thereafter, from around that time, up to the day of closing the argument in the instant case, the Defendant operates the limited recognition of “C” in the name of “C” while occupying and using the said building as of the day of closing the argument. Meanwhile, the instant lease agreement was implicitly renewed once.
C. B entered into a real estate security trust agreement with the Plaintiff on December 30, 2016 with respect to the instant building and its site (hereinafter “instant trust agreement”). On the same day, B completed the registration of ownership transfer based on the said trust with respect to each of the said real estate on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The trust under the Trust Act requires the trustee to manage and dispose of the property for the purpose of the trust by transferring a specific property right to the trustee or disposing of it. Therefore, if the registration of ownership transfer is completed in the future of the trustee in a real estate trust, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved to the truster in the internal relationship with the truster. As such, the trustee is transferred the ownership of the trust property to the trustee as a result of such transfer.