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(영문) 창원지방법원 2021.01.22 2020나54514
건물명도(인도)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) the Defendant’s assertion emphasized or added by this court is identical to the ground of the judgment of the first instance, except for the addition of the judgment set forth in paragraph (2) below (excluding D parts which are separated and determined); and (b) it is cited by the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion that he obtained permission from W from the representative director of E Co., Ltd. (hereinafter "E") to occupy the real estate of this case. Since G Co., Ltd. (hereinafter "G") holds 100% of W's equity, E and G are corporations in the same group as economic community.

Therefore, the Defendant’s possession of the instant real estate does not constitute an illegal possession.

In addition, the Plaintiff is only a person entrusted with a real estate security trust contract with G, which is the executor who performed the new construction project of the instant real estate, and the real owner of the instant real estate is G.

Therefore, the Plaintiff cannot claim ownership of the instant real estate.

B. Determination 1) In a case where a tort is committed, no lien is established (Article 320 of the Civil Act). Moreover, a trust under the Trust Act provides that a truster shall transfer a specific property right to a trustee or take any other disposition to have the trustee manage and dispose of the relevant property right for the purpose of the trust (Article 2 of the Trust Act). Thus, if the trustee registers the transfer of ownership 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 against the truster in the internal and internal relationship with the truster. As such, the trustee has the right to manage the trust property inside and outside the country as a result of the transfer of ownership to the trustee, and the trustee has the right to manage the trust property as a result of the transfer of

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