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

According to the real estate security trust agreement between the Plaintiff and the trustee (hereinafter “instant trust agreement”), the Plaintiff, a truster, is an agent, to preserve and manage the instant building, which is a trust real estate, and to receive monthly rents.

The defendant occupies the building of this case without permission from April 1, 2017.

Even if the Defendant entered into a lease agreement with D Co., Ltd. on September 14, 2011, it cannot be asserted against the Plaintiff as the right of lease under this contract.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay KRW 800,000 to the Plaintiff with unjust enrichment equivalent to monthly rent from April 1, 2017 to the time of delivering the instant building.

2. We examine whether the Plaintiff has a title to file a claim for the delivery of building and the return of unjust enrichment against the Defendant.

If the registration of ownership transfer is completed in the trust of real estate in the future of the trustee, the ownership is entirely transferred to the trustee and the ownership is not reserved in the internal relationship with the truster.

As such, the trustee has the right to manage the trust property domestically and externally as a result of the transfer of ownership of the trust property to the trustee due to the validity of the trust. However, the trustee is merely a burden of restrictions on managing the trust property within the scope of the purpose of the

(see, e.g., Supreme Court Decision 2000Da70460, Apr. 12, 2002). From this case, the fact that the Plaintiff completed the registration of ownership transfer on the instant building to the trustee on the ground of the trust on the same date on August 12, 2016 is no dispute between the parties.

The trustee shall be entitled to transfer the ownership of the trust property to the trustee due to the validity of the trust.