건물인도청구
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 reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the defendant’s assertion emphasized or added by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
2. The defendant's assertion ① The defendant shows the copy of the register of the building of this case by the representative D of the corporation C (hereinafter "C") under the well-known knowledge that it is a real estate trust contract, and the actual owner of the building of this case is C, but the actual owner of the building of this case was merely a registration of the trust to the plaintiff for the convenience of management, and did not know the plaintiff's consent at the time.
② If the trust contract between the Plaintiff and C is revoked as it constitutes a fraudulent act, G, the creditor, will undergo an auction procedure to recover its claims, and in such a case, the Defendant is a legitimate lessee and the possessor in the auction procedure. Therefore, if the trust contract of this case is revoked as a fraudulent act, the Defendant’s right of lease needs to be recognized as valid.
3. Determination
A. The trust under the judgment on the assertion (1) is to have the trustee manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it (Article 1(2) of the Trust Act). Thus, if the trustee completes the registration of ownership transfer in the future, the ownership transfer inside and outside the country is completely transferred to the trustee, and the ownership is not reserved to the truster in the internal relationship with the truster, and as a result, the trustee has the right to manage the trust property inside and outside the country as a result of the transfer of the ownership to the trustee, provided that the trustee has the right to manage the trust property.