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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. The Defendant entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with another public corporation (hereinafter “foreign corporation”) on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer based on the instant trust agreement on April 18, 207 with regard to each of the instant real estate.
The contents of the instant trust agreement concerning the instant case are as follows.
Article 5 (Receipt of Trust) The proceeds of trust shall be the rent accruing from the trusted real estate and other equivalents thereof.
Article 11 (Settlement of Lawsuit, etc.) (1) When a lawsuit is instituted in connection with real estate held in trust, the trustee shall immediately notify the truster and the beneficiary of the relevant fact, and actively cooperate in the affairs necessary for the response. If the truster or the first beneficiary fails to actively respond to the lawsuit, the trustee may appoint an attorney-at-law at his/her discretion and file a lawsuit, and all the expenses (including litigation costs) incurred therein shall
B. On October 14, 2013, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order seeking a loan of KRW 200,000,000 and interest thereon against the non-party company, and received a payment order from the above court (Seoul East East District Court 2013 tea7543), and around that time, the above payment order was finalized as it is.
C. Based on the executory exemplification of the above payment order, the Plaintiff filed a claim attachment and collection order with the Seoul Eastern District Court (Seoul Eastern District Court 200,838,356 won (i.e., loan 200,000,000 won interest 150,838,356 won) as to the amount until it reaches the amount of loan 200,000 won (i.e., loan 150,838,356 won), and issued a claim attachment and collection order (i.e., Seoul East East District Court 2013TTT 19913; hereinafter “instant collection order”) on November 21, 2013.