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1. The Plaintiff:
A. Defendant A’s real estate listed in Annex A’s Schedule 1;
B. Defendant B shall set out in attached list No. 2.
Reasons
1. Facts of recognition;
A. On November 7, 2012, the Plaintiff is entitled to “each of the instant real estate” or “the instant real estate title 1 or 6” as indicated in the separate sheet between G and G, as indicated in the separate sheet.
B) On November 7, 2012, G entered into a trust agreement with respect to each of the instant real estate, and completed the registration procedure for ownership transfer based on the said trust agreement in the future of the Plaintiff. C. Defendant A occupies the instant real estate, the instant real estate, the instant real estate, the Defendant C, the instant real estate, the instant real estate, the Defendant E, the instant real estate, the instant real estate, the instant real estate, and the Defendant F, respectively. [Grounds for Recognition] Facts that there is no dispute with Defendant A and E, the said entry, the evidence Nos. 2, the evidence Nos. 1, 5, and the evidence Nos. 3-1, 5, and the entire purport of the pleadings, and the remaining purport of the pleading: The confession (Article 150(3) of the Civil Procedure Act).
2. Determination
A. According to the above facts of recognition, the defendants are obligated to deliver real estate held by them to the plaintiff, unless there are special circumstances.
B. As to this, Defendant A and E entered into a lease agreement with G around 2013 and obtained a fixed date, and at the time G explained that the trust agreement with the Plaintiff was merely a collateral trust and its ownership was not entirely transferred, and the Plaintiff, the trustee, also sought the same answer. As such, the aforementioned Defendants’ possession is based on lawful title and thus, it cannot comply with the Plaintiff’s claim.
The trust under the Trust Act is to have the trustee 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. Therefore, if the registration of ownership transfer is completed in the future in the trust of real estate, the ownership is entirely transferred to the trustee and the ownership is in the internal and external relationship with the truster.