beta
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. The lower court determined that the period of exclusion of the right to terminate the instant trust agreement, which is the right to be formed from around or before March 10, 1950, when the former Farmland Reform Act (amended by Act No. 108, Mar. 10, 1950) was enforced between the Plaintiff’s fleet J (hereinafter “the deceased”) and Chosun Trust Co., Ltd. (hereinafter “Mediation Trust”) was calculated at least the period of exclusion of the right to terminate the instant trust agreement, which is the right to be formed from around that time.
Furthermore, the lower court rejected the Plaintiff’s conjunctive claim of this case against the Defendant on behalf of the Plaintiff, who was subsequent to the shipbuilding trust, for the cancellation of the registration of preservation of ownership in the name of the Defendant on the land Nos. 1 and 2, due to the lapse of the limitation period of the aforesaid 10-year period, the termination of the trust contract of this case, which the Plaintiff had against our bank only after August 29, 2012, was null and void, and thus, the Plaintiff could not have the right to claim the registration of transfer of ownership against our bank. Accordingly, on behalf of our bank, the Plaintiff did not have the right to claim the registration of cancellation of registration of preservation of ownership on the land Nos. 1 and 2 of this case against the Defendant of our bank on behalf of our
2. The exclusion period is the purpose of the system in order to promptly determine legal relations by allowing the holder of the right to exercise the right as soon as possible, and the passage of the period alone would bring about the effect of extinction of the right.
(see Supreme Court Decision 2012Da47074, Aug. 20, 2014). Meanwhile, according to Article 57 of the Act on the Trust, a truster or his/her heir may terminate at any time a trust to which the truster gains the whole amount of trust interest. According to Article 59 of the Act on the Trust, a trust to which the truster gains the whole amount of trust interest may be terminated. If a trust is specifically provided for the termination of the trust,