In order to recognize a legal relationship that is not explicitly indicated as a legal relationship of a trust, the intention to establish a trust can be confirmed through objective indicators that are unrelated to the subjective intentions of the parties. Since the intention to establish a trust is the intention to establish the legal relationship of the trust, it must be objectively confirmed from the outside. And the trust must have its own unique characteristics. The court ruled that even though formal expressions denoting trust, such as 'trust', 'trustee', and 'beneficiary', were not used anywhere in the MOU, the contents of the MOU included 'transfer of ownership', 'trustee's exclusive management/disposal right', and 'trust property'. It was considered that it had all the important elements of a trust, including the ‘duty of discerning management.’ In addition, the legal relationship under the MOU was judged to be a purpose trust under the provision to Article 3, Paragraph 1 of the Trust Act. In other words, it was deemed that trustee C entrusted 10 billion won to trustee B to achieve a specific purpose. Accordingly, the court applied or analogously applied the Trust Act and trust law principles to the legal relationship regarding 10 billion Won.