1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 22, 2016, the Plaintiff completed registration of initial ownership relating to real estate held in trust.

B. On August 22, 2016, the Plaintiff entered into a real estate security trust agreement with D Co., Ltd. (hereinafter “D”) on real estate in trust (hereinafter “instant trust agreement”) and completed the registration of ownership transfer based on the trust in the future D on the same day.

C. Of the terms of the instant trust agreement, the part pertaining to the instant case is as follows.

Under a real estate security trust contract, the truster shall trust the trust real estate to D, which is the trustee, and conclude a real estate security trust contract as follows:

Article 23 (Duty of Explanation) Where disposal procedures for real estate held in trust are commenced, the plaintiff shall voluntarily issue an order, and actively cooperate in the evacuation of occupants other than lessees who have opposing power under the Housing Lease Protection Act.

Article 27 (Lawsuits) (1) A may, upon receipt of a request from the plaintiff for the continued acceptance of a lawsuit, accept it with his/her consent, or continue the lawsuit by his/her own decision.

Article 6 (Management of Trust Real Estate) (1) of the Matters concerning Special Agreement on Real Estate Security Trust (including, but not limited to, the lease management of trust real estate and the return, field management, repair, maintenance, etc. of trust real estate) and all expenses incurred therein shall be borne by the trustor, who actually continues to possess and use trust real estate and actually manages the trust real estate (including the return, maintenance

【Reasons for Recognition】 Entry of Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the Plaintiff’s assertion under the instant trust agreement, the Plaintiff, a truster, may perform a substantive management act, such as preserving the trusted real estate (Article 6 of the aforementioned special agreement). Since the Plaintiff is obligated to deliver the instant real estate to D in the event of the commencement of the disposal procedure for the trusted real estate (Article 23 of the instant trust agreement), the Plaintiff may request the Defendant, a unauthorized occupant, to transfer the building.