The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the Defendant’s possessory right claim (1) as to the trust under the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201; hereinafter the same), a truster transfers a specific property right to a trustee or disposes of it to the trustee, thereby having the trustee manage and dispose of such property right for the purpose of the trust (Article 1(2) of the former Trust Act). Therefore, when the registration of ownership transfer is completed in the trust of real estate, the ownership is entirely transferred to the trustee, and the ownership is not reserved to the truster in the internal and external 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

(2) On May 4, 2011, the lower court concluded the instant collateral trust agreement with the Plaintiff on May 4, 201, where the Plaintiff was the trustee with respect to the real estate listed in the attached list of the lower judgment (hereinafter “instant building”) based on its adopted evidence. On the same day, the Plaintiff, B, etc. had completed the registration of ownership transfer on the instant building. At the time of the conclusion of the instant collateral trust agreement, the truster has been actually continued to possess and use the trusted real estate, and the Plaintiff, B, etc. bears all the expenses incurred therefrom.

(Article 9(1). Where a trustee has not given prior consent, the truster shall either create a right, such as lease, or alter the current state of the trusted real estate.