1. Defendant Loluter AbC is the Plaintiff:

(a)each transfer of buildings listed in the annex 1 and 2 list;

B. October 28, 2014

1. Basic facts

A. On December 30, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a real estate security trust agreement with the Plaintiff as to the entire section of “C” (hereinafter “instant trust agreement”) including each building listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “each of the instant buildings”) and completed the registration of ownership transfer in the name of the Plaintiff as to each of the instant buildings based on the trust agreement on the same day.

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

Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue to possess and use trust real estate, and shall bear all the expenses incurred in actual management, such as preservation, maintenance, repair, etc. of trust real estate.

(3) Where a trustee has no prior consent of the trustee, the truster shall not limit the ownership of real estate in a trust or reduce the value thereof by creating rights, such as lease, or changing the current state of the trusted real estate.

Article 11 (Lease, etc.) (3) Where the termination of the lease contract term or the lease contract is terminated during the period of the trust, the truster shall bear the obligation to refund the lease deposit, etc. which is not succeeded by the trustee, and the new lease contract shall be made

However, a truster may enter into a lease contract under his/her name with prior consent of the trustee under Article 10 (3).

(4) Notwithstanding the provisions of paragraph (3), a lease contract which a truster has concluded at will may not claim its effect to the trustee, and thereby the truster shall compensate the trustee for any loss incurred to the trustee.

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