beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the statement in the "basic facts" under Article 420 of the Civil Procedure Act, and therefore, this part is cited by the main text of Article 420 of the same Act.
2. Determination
A. In the case of a self-profit trust in which the truster himself/herself becomes a beneficiary, barring special circumstances, the truster may, in principle, terminate the trust agreement at any time pursuant to Article 56 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201; hereinafter the same shall apply) (see Supreme Court Decision 2001Da47467, Aug. 19, 2003). In such a case, the trust property belongs to the truster pursuant to Article 59 of the former Trust Act.
On the other hand, since the fact that the trust of this case is self-profit trust is apparent by Article 3 of the trust contract of this case, the plaintiffs, who succeed to the truster or his position, can, in principle, terminate the trust contract of this case at any time.
Moreover, on May 31, 2013 and September 12, 2013, the Plaintiffs appeared to have expressed their intent to terminate the instant trust agreement. Therefore, the ownership of each of the instant housing was reverted to the Plaintiffs.
The defendant, ① with respect to the real estate listed in the separate sheet No. 1, ② with respect to the real estate listed in the separate sheet No. 2, ③ with respect to the real estate listed in the separate sheet No. 2, ④ with respect to the real estate listed in the separate sheet No. 4 with respect to the plaintiff Eul, ⑤ with respect to the real estate listed in the separate sheet No. 5 with respect to the real estate listed in the separate sheet No. 7, ⑤ with respect to the share of 3/9, Plaintiff H, I, and J with respect to the share of 2/9, among the real estate listed in the separate sheet No. 8, to the plaintiff K with respect to the share of 3/9, the share of the plaintiff, P, Q, and R with respect to the share of 2/9, among the real estate listed in the separate sheet No. 9,