1. The plaintiff's claim is dismissed.

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

Facts of recognition

Article 15 (Bearing of Expenses) ① Liability for expenses incurred in the performance of trust affairs, such as taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, etc., and other expenses incurred in the performance of trust affairs, and damages incurred due to reasons not attributable to the trustee (hereinafter the same shall apply) in the performance of trust affairs, shall be borne by the truster (hereinafter the same shall apply).

(2) Where money belonging to trust property falls short of the payment of the expenses, etc. under paragraph (1) and it is impossible for the truster to receive the shortage, the trustee may, by selling all or part of the real estate in trust by a method deemed reasonable by the trustee

(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 may deduct and receive the substitute payments and damages for delay referred to in paragraph (3) from the money or property to be paid to the truster or the preferential beneficiary.

Article 19 (Method of Disposal) (1) In principle, disposal of real estate held in a trust shall be disposed of through competition in the open market.

Article 22 (Method of Settlement, such as Proceeds from Disposal of Property) (1) Where a trustee liquidates and adjusts the trusted real estate, the order of appropriation shall be as follows:

1. Expenses incurred in the procedures for real estate management and public auction, and remuneration to be received by the trustee (trust remuneration and substitute remuneration);

2. Property tax, etc. notified until the price for disposal of the property is received.

6. On May 8, 2009, Non-Party B Co., Ltd. (hereinafter referred to as “B”) with the first beneficiary’s credit (hereinafter referred to as “C”) collectively consisting of the land outside D and 7, and the eight-story factory building, militaryposi, E and 1, and the five-story factory building, B’s machinery and equipment.