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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On November 4, 2010, the Plaintiff entered into a real estate security trust agreement with the truster B, the trustee, and the first beneficiary as the first mutual savings bank prior to bankruptcy with respect to the Section D 16 portion of the building on the surface of the 16th and five parcels, both C and C (hereinafter “instant real estate”). On the same day, the Plaintiff had the ownership transfer registration based on the trust for the instant real estate.
B. On July 4, 2011, the Plaintiff entered into a contract to amend a security trust agreement with the content that partial changes the debtor under the above trust agreement, the amount of profit limit on the preferential beneficiary, and the amount of property management remuneration.
C. The defendant currently occupies the real estate of this case.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 evidence, the purport of the whole pleadings
2. Determination
A. A trust under a judgment on the cause of a claim is to have a truster 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 (see Article 1(2) of the Trust Act). Thus, if the trustee completes the registration of ownership transfer in the future of the trustee in a real estate trust, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved to the truster in the internal relationship with the truster.
As such, as the validity of the trust, the trustee has the right to manage the trust property within and outside the country as a result of the transfer of ownership of the trust property to the trustee. However, the trustee is merely liable for the restrictions on managing the trust property within the scope of the purpose of the
(See Supreme Court Decision 200Da70460 delivered on April 12, 2002, etc.). Examining the above facts in light of the aforementioned legal principles, the owner of the instant real estate shall be the owner of the instant real estate.