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(영문) 수원지방법원성남지원 2020.12.11 2020가단215444
건물인도
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. If the registration of ownership transfer is completed in the trust of real estate held by the trustee, 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 has the right to manage the trust property domestically and externally as a result of the transfer of ownership of the trust property to the trustee due to the validity of the trust. However, the trustee is merely a burden of restrictions on managing the trust property within the scope of the purpose of the

(See Supreme Court Decision 200Da70460 delivered on April 12, 2002, etc.). In this case, according to the evidence No. 1, the plaintiff can be recognized as having completed the registration of transfer of ownership based on the trust concerning the building of this case to C Co., Ltd. on April 29, 2020. Thus, the plaintiff, who is merely a truster, has no right to seek the delivery of the building of this case against the defendant.

[Article 9(1) of the Security Trust Contract for Real Estate concluded with a truster, like the Plaintiff’s assertion, provides that “The Plaintiff shall be responsible for the actual preservation and all management of the instant real estate,” it is merely merely an internal relationship between the Plaintiff and the trustee, and there is no legal right to seek delivery of the instant building to the Plaintiff due to the said provision (Article 27 of the said Contract provides that a trustee shall file a lawsuit on trust property).

[2] Therefore, the claim of this case is without merit and without merit.

2. Conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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