1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be the part resulting from the participation.

Basic Facts

On April 2, 2010, a stabilization and development company, which entered into a trust agreement with a stabilization development company (hereinafter “market development”), concluded a real estate security trust agreement (hereinafter “the instant trust agreement”) with respect to the land of the Defendant, Cocco Asset Trust Co., Ltd. (hereinafter “Cocco Asset Trust”) and the land of the Simcco Asset Trust Co., Ltd. (hereinafter “Cocco Asset Trust”) at the same time as the land of the Simcco Asset Development Co., Ltd. and the land of the Simcco Asset Trust (hereinafter “instant land”).

The main contents of the instant trust agreement are as follows.

Article 1 (Trust Purpose) In order to guarantee the management of ownership of real estate held in a trust and the fulfillment of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to him/her, the trustee shall preserve and manage the real estate held in a trust and settle the settlement of accounts for default

Article 4 (Beneficiary) (1) In this trust deed, the beneficiary shall be classified into the first beneficiary of the trust principal, the beneficiary of the trust principal, and the beneficiary of the trust proceeds as shown in attached Form 2-2.

Article 14 (Duty of Good Faith and Liability for Warranty) (2) Even if any loss is incurred to the truster or beneficiary, the trustee shall not be liable if he/she is not caused intentionally or by negligence by the trustee.

Article 16 (Bearing of Expenses) (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the performance of trust affairs, shall be borne by the truster.

(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date, a trustee may pay them on behalf of him/her, and in such cases, the truster shall pay damages for delay from the due date to the due date to the due date to the due date to the due date

(4) A trustee shall pay substitute payments under paragraph (3).