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(영문) 의정부지방법원고양지원 2019.05.03 2018가합77442
건물명도(인도)
Text

1. The defendant shall set forth in the attached Table No. 1 to the plaintiff medical corporation A, and the attached Table No. 1 to the plaintiff corporation B.

Reasons

1. Facts of recognition;

A. The owner of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”) was D Co., Ltd., but on November 16, 2012, a trust registration with E Co., Ltd. as trustee was completed under a trust agreement with E Co., Ltd. and E Co., Ltd.

B. The Defendant, on January 4, 2014, occupies D and the instant real estate upon entering into a lease agreement.

C. On October 5, 2018, the Plaintiff medical corporation entered into a real estate sales contract with E Co., Ltd. with respect to real estate in attached list No. 1, and completed the registration of ownership transfer.

Plaintiff

B Co., Ltd. entered into a real estate sales contract with E Co., Ltd. on October 5, 2018, and completed the registration of ownership transfer.

2. The parties' assertion

A. The plaintiffs' assertion is the owner of the real estate of this case, and the defendant occupies it without any authority, which is obligated to return it to the plaintiffs.

B. The plaintiffs asserted that they succeeded to the status of lessor D, a former lessor Co., Ltd., and that the term of lease has not yet expired, and that they did not receive the refund of 300 million won of the lease deposit. Therefore, they cannot respond to

3. Determination

A. Legal trust under the Trust Act requires a trustee to manage and dispose of his/her property right for the purpose of the trust by transferring a specific property right to a 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.

(See Supreme Court Decisions 91Da12608 delivered on August 13, 1991, 93Da62119 delivered on October 14, 1994, and 93Da62119 delivered on October 14, 199). As such, as the validity of the trust, ownership of the trust property is owned.

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