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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 17, 2008, Yuuri Co., Ltd. (hereinafter “Shouri”) completed registration of preservation of ownership as to an aggregate building on the ground and 66-1 and 1 lots of land (hereinafter “instant building”).
B. On June 16, 2008, the title transfer registration based on the trust in the name of the Defendant was completed on June 17, 2008 by concluding a real estate management trust agreement with the Defendant (hereinafter “instant trust agreement”). The trust agreement between the Defendant and the Konuri was changed or newly concluded after termination, but the priority beneficiary, debtor, etc. were changed and its contents were similar).
(F) The registration of ownership transfer was completed on August 12, 201 due to the trust made on July 21, 201, on several occasions, on the grounds of the reversion of trust property, trust property, trust property, etc. (the registration of ownership transfer was completed on August 12, 201). The main contents of the above trust contract are as follows, and the trust contract stating the same was registered in the original trust register for the registration of the above trust.
A truster and a beneficiary concurrently: The purpose of this trust agreement is to preserve and manage trust real estate and to settle the trust real estate by disposing of and settling the trust real estate when the truster or beneficiary fails to perform his/her duty, in order to guarantee the truster or beneficiary's obligation or responsibility for the preferential beneficiary.
Article 10 (Management of Trust Real Estate) (1) Any person who continuously occupies and uses trust real estate, may actually preserve and manage trust real estate, and shall bear all the expenses incurred therein.
Article 15 (Bearing of Expenses for Management of Trust Affairs) (1) Taxes, public charges, trust fees, maintenance and management of trust property, financial expenses, and their related matters concerning trust property for which the defendant liable to pay.