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1. The plaintiff C's lawsuit shall be dismissed.
2. The rest of the plaintiffs except the plaintiff C is part of Gwangju City P for the defendant.
Reasons
1. Determination as to Plaintiff C’s claim
A. The trust under the relevant legal doctrine and trust law 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 (Article 1(2) of the Trust Act). Thus, if the registration of ownership transfer is completed in the future in the trust of real estate, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved in the internal relationship with the truster, and the trustee has the right to manage the trust property within and outside the country as a result of the transfer of the ownership of the trust property to the trustee.
B. (See Supreme Court Decision 2000Da70460 delivered on April 12, 2002).
Judgment
According to the evidence No. 3 (including additional numbers), Plaintiff C purchased Qa and its ground buildings (hereinafter referred to as “instant real estate”) on April 27, 2017 in the course of compulsory sale by official authority, and Plaintiff C completed the registration of transfer of ownership on November 23, 2017 with respect to the instant real estate by reason of trust to R Co., Ltd. (hereinafter referred to as “R Co., Ltd”).
In accordance with the above legal principles, even if the Plaintiff C, a trust, continued possession of the instant real estate between the Nonparty Company and the Plaintiff Company, and agreed to preserve the actual preservation, all management activities, and to bear the cost therefrom, this is merely based on a trust agreement between the Plaintiff C and the Nonparty Company, which is not the trustee, and thus, the Plaintiff C, a third party, not the Nonparty Company, cannot be asserted that it has the right to use the land. Even if it is necessary for the Plaintiff C to use part of the Defendant’s land to use the waterworks facilities and the urban gas supply facilities in the instant real estate, the owner of the instant