1. The plaintiff's claim is dismissed.

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

Facts of recognition

After completing registration of ownership preservation on the apartment of this case on August 22, 2016, the Plaintiff completed registration of ownership transfer based on trust with D Co., Ltd. on the same day.

The defendant lives in the apartment of this case.

[Ground] The plaintiff asserts that the plaintiff, in the absence of dispute, written evidence No. 1, and the purport of the entire argument, completed the registration of trust of the apartment of this case to D Co., Ltd., but, according to the trust contract, he/she is entitled to manage the apartment of this case. Thus, he/she seeks the delivery of the apartment of this case to the defendant, who is an unauthorized occupant, and return of unjust enrichment from the occupation

However, 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 by the truster in the internal 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

(See Supreme Court Decision 2000Da70460 delivered on April 12, 2002, etc.). Accordingly, the plaintiff who cannot exercise his/her authority as the owner after completing the registration of trust has no right to file a claim for delivery and return of unjust enrichment against the defendant, and the plaintiff who is not entitled to file a claim for return of unjust enrichment against the defendant, a trustee, cannot be asserted against the defendant, a third party, on the ground of the terms and conditions

(B) The Plaintiff’s assertion is without merit without any need to further examine other issues. The Plaintiff’s assertion is without merit, as it is practically allowing discretionary litigation trusts.

If so, the plaintiff's objection.