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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 22, 2013, the basic facts C leased the real estate stated in the attached Form (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 7 million, monthly rent of KRW 450,000,000, and the lease term of July 31, 2018 (hereinafter “the instant lease”). The Defendant completed the registration of business with the name of “D church” after receiving the instant real estate from C, and C completed the registration of business with the name of “D church” after receiving the instant real estate from C, and the fact that the Plaintiff completed the registration of ownership transfer on April 5, 2018 on the instant real estate based on the trust agreement as of April 3, 2018, does not conflict between the parties.
2. Determination on the cause of the claim
A. From March 29, 2018, C notified the Defendant of the refusal to renew the instant lease agreement several times, but the Defendant did not intentionally receive it, and C notified the Defendant of the refusal to renew the lease agreement directly on June 10, 2018.
Therefore, since the lease contract of this case was terminated as the expiration date, the defendant is obligated to deliver the real estate of this case to the plaintiff who is the trustee and the registered titleholder of the real estate of this case, and return unjust enrichment equivalent to the rent calculated by the ratio of KRW 450,000 per month from August 1, 2018 to the day after the expiration date of delivery.
B. (1) Determination is based on (1) The trust under the Trust Act requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring or disposing of a specific property right to the trustee (Article 1(2) of the Trust Act). Therefore, if the trustee completes the registration of ownership transfer in the future, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved in the internal relationship with the truster. As such, the trustee is transferred the ownership of the trust property to the trustee as the validity of the trust.