1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. On January 2, 2019, the Plaintiff completed the registration of ownership transfer to F Co., Ltd. (hereinafter “F”) on the real estate stated in the Plaintiff’s purport of the claim (hereinafter “instant real estate”).

B. Of the real estate security trust agreement concluded between the Plaintiff and F (hereinafter “instant trust agreement”), the part related to the instant case is as follows.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall actually continue to occupy and use trust real estate, and shall fully bear all the expenses incurred in the actual preservation of trust real estate, all management activities and other expenses.

Article 27 (Lawsuit) (1) A trustee may, upon receipt of an application for binding a lawsuit by a truster, accept it with his/her consent, or may accept it by his/her own decision.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading

2. Determination:

A. The Plaintiff’s summary of the Plaintiff’s assertion is a truster of the instant trust agreement, who actually preserves and manages the instant real estate, which is the trusted real estate.

However, the Defendants, at least from October 2018, occupy the instant real estate without permission.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

B. We examine whether the Plaintiff, a truster, has the title to request the issuance of the instant real estate against the Defendants.

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 and external relationship with the truster.

As such, the trustee has the right to manage the trust property within and outside the country as a result of the transfer of the ownership of the trust property to the trustee due to the validity of the trust.