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(영문) 부산지방법원동부지원 2019.11.13 2018가단210159
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that the fence of the building owned by the Defendants infringed part of the instant land owned by the Plaintiff, and thus, the Plaintiff’s claim for removal of the fence and delivery of the affected land.

2. The claim for removal and delivery of the instant case on the basis of ownership is based on the premise that the Plaintiff is currently the owner of the instant land.

However, according to the statement No. 1-1, the Plaintiff acquired the instant land on October 17, 2016, and completed the registration of transfer of ownership based on trust to FF Co., Ltd. on August 4, 2017.

Meanwhile, a trust under the Trust Act requires a trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to a trustee or disposing of it. Thus, if a trustee completes the registration of ownership transfer in the future on the grounds of trust, the ownership inside and outside the country is entirely transferred to the trustee, and as a result, only the trustee has exclusive right to manage and dispose of the trust property (see Supreme Court Decision 2000Da70460, Apr. 12, 2002). In light of the above legal principles, in light of the foregoing, the instant case is public health zone, and the instant land ownership is entirely transferred to the above trust company, which is the trustee, and the Plaintiff, the truster, cannot exercise the ownership against the Defendant, the third party. Thus, the Plaintiff’s assertion based on the premise that the Plaintiff is the owner of the instant land

3. The plaintiff's claim against the defendants is without merit, and all of them are dismissed.

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