1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 14, 2014, the Plaintiff entered into a trust agreement (hereinafter “instant trust agreement”) with a new bank (hereinafter “new bank”) with respect to the instant building, which is owned by it, and completed the registration of ownership transfer with the new bank on May 15, 2014.

B. The defendant occupies the store of this case and uses and benefits therefrom.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion that the defendant is obligated to deliver the store of this case to the plaintiff and pay unjust enrichment equivalent to rent and management expenses, on the ground that the defendant occupies the store of this case without any authority, the defendant asserts that the defendant is not the owner of the store of this case, and thus the plaintiff cannot respond to the plaintiff's claim.

3. Trust under the Determination Trust Act means a legal relationship by which a truster disposes of a specific property to a trustee, such as transferring such property, and has the trustee manage and dispose of such property for the purpose of trust, and perform other acts necessary for achieving the purpose of trust;

(Article 2 of the Trust Act. As a result of the transfer of ownership of the trust property to the trustee, the trustee has the right to manage the trust property inside and outside the country, provided that the trustee merely bears the restrictions on the management of the trust property as stipulated in the trust contract within the scope of the purpose of the trust.

It is against the purpose of the Trust Act or the essence of the trust if the truster exercises the right to dispose of and manage the trust property of the trustee jointly or the trustee is not able to dispose and manage the trust property by himself/herself.

(see, e.g., Supreme Court Decisions 2000Da70460, Apr. 12, 2002; 2000Ma2997, Jan. 27, 2003). The Plaintiff raises objection.