소유권이전등기말소 청구의 소
1. With respect to the real estate stated in paragraph (1) of the attached list list to the plaintiff, the defendant shall make a Seopopopool registry office of the Jeju District Court on October 199.
1. Facts of recognition;
A. On October 22, 199, the Plaintiff (trustee and beneficiary) entered into a trust agreement between the Defendant (trustee) with respect to real estate listed in paragraph (1) of the attached Table No. 1, and (2) with respect to real estate listed in paragraph (2) of the attached Table No. 2 of the same Table as of November 25, 199, with each period of each trust agreement up to December 31, 2004 (hereinafter “each trust agreement of this case”), respectively, and completed the trust registration in the name of the Defendant for this reason.
B. Under each of the instant trust agreements, each of the instant trusts is terminated upon the expiration of the trust term, and where the trust is terminated, the trustee shall return the certificate of beneficial interest from the beneficiary, deliver the trust property to the beneficiary, and prepare the final statement and obtain the consent of the beneficiary.
(Article 15, paragraphs 1 and 3) is provided.
C. Meanwhile, the Plaintiff entered into a real estate development project agreement with Nonparty 21st century consulting company (hereinafter “project executor”) and delegated all matters concerning trust affairs to the said project executor.
The executor paid only trust remuneration to the defendant by December 31, 2003.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since each of the instant trust contracts has expired, barring any special circumstance, the Defendant, the trustee, is obligated to implement the registration procedure for cancellation of ownership transfer registration on December 31, 2004 on each of the real estate listed in the separate sheet, which is each of the instant trust property, to the Plaintiff.
3. The defendant's defense on the defendant's payment of trust fees is a defense that the defendant cannot respond to the plaintiff's claim before receiving the trust fees from January 1, 2004 to the date of payment of trust fees in order.
A. As to remuneration from January 1, 2004 to December 31, 2004, the above period as to the real estate in attached Table 1.