건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Facts recognized;
A. On November 7, 2012, the Plaintiff entered into a trust agreement with B on the instant real estate as indicated in the separate sheet (hereinafter “instant real estate”) with the owner, and on the same day, the registration of ownership transfer was completed in the name of the Plaintiff on the same day.
B. The defendant occupies the real estate of this case.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in extenuating circumstances.
B. As to the Defendant’s assertion and its determination, the Defendant entered into a lease agreement with B on March 18, 2013 on the instant real estate, and at the time, B only entrusted to the Plaintiff for the purpose of securing claims, and the right to lease the instant real estate was determined to oneself. The Plaintiff also responded to the same content, and thus, the Defendant’s possession under the said lease agreement is lawful in relation to the Plaintiff.
On the other hand, the trust under the Trust Act requires the trustee to 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, so if the registration of ownership transfer is completed in the future in the trust of real estate, the ownership is entirely transferred to the trustee outside the country, and the ownership is not reserved to the truster in the internal relationship with the truster, but the registration of trust is not different even if the registration of trust is a security trust.
(see, e.g., Supreme Court Decision 2000Da70460, Apr. 12, 2002; Supreme Court Decision 2012Da30281, Sept. 13, 2012). Therefore, even if a lease contract as alleged by the Defendant was concluded in the instant case, the above transfer registration under the Plaintiff’s name was completed.