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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
Plaintiff’s assertion
Since Defendant A and B moved into the real estate listed in the separate sheet No. 1, Defendant C, Defendant D, E, and F, the real estate listed in the separate sheet No. 2, and the real estate listed in the separate sheet No. 3 (hereinafter collectively referred to as “each of the above real estate”) without any justifiable title, they occupy and use the above real estate without permission until now. The Defendants are obligated to order the Plaintiff, who is the possessor of each of the above real estate. The Defendants are obligated to return to the Plaintiff the amount of each claim stated in the separate sheet as unjust enrichment equivalent to the fee for occupation and use of each of the above real estate without permission
Judgment
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 a specific property right to the trustee or disposing of it. Thus, in the trust of real estate, if the registration of ownership transfer is completed in the future, the ownership is entirely transferred to the trustee, and the ownership in the internal and external relationship with the trustee is not reserved to the truster, and as a result, as the ownership of the trust property is transferred to the trustee, the trustee has the right to manage the trust property within and outside the country, provided, however, the trustee bears a restriction on the management of the trust property as provided in the trust contract within the scope of the purpose of the trust. The same applies to the real
(See Supreme Court Decision 200Da70460 Decided April 12, 2002, and Supreme Court Decision 2012Da30281 Decided September 13, 2012, etc.). According to each of subparagraph 1-1, 2, and 3-3, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on the grounds of sale and purchase of each of the instant real estate on March 16, 2012, and the said date (hereinafter “foreign company”).