beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The relevant part of the grounds for the amendment to the Plaintiff’s assertion is as stated in the relevant part.
2. Ex officio determination of this case is a matter of exercising the subrogation right, and ex officio whether the requirements of subrogation are satisfied.
The right to be preserved claimed by the plaintiff shall be based on Articles 32 (the trustee shall perform the trust affairs with the care of a good manager), 43 (1) (where a trustee violates his/her duty and causes any loss to the trust property, the truster, beneficiary, or other trustee where a number of trustees exist, may request the relevant trustee to reinstate the trust property: Provided, That where the reinstatement is impossible or substantially impracticable, excessive expenses are required for the reinstatement, or where there are other special circumstances where reinstatement is inappropriate, etc.) of the Trust Act.
Ultimately, the Plaintiff’s right to claim restitution or damages. At the beginning, the Plaintiff, the first beneficiary, at the time of filing a lawsuit, filed a claim for delivery of the building against the Defendant on behalf of the trustee, in lieu of the trust of living real estate, a trustee corporation, in lieu of the trust of the trust of the trust of the trust property. On January 7, 2018, the Plaintiff changed the purport of the claim into a monetary claim and changed the cause of the claim as shown in the attached
(Separately, the Daejeon District Court 2017Kadan224620 decided that the issue of the delivery of a building was resolved by compromise in the case of Daejeon District Court 2017Gadan224620). In light of the changed reasons for the claim, the Plaintiff’s claim of this case as “compensation,” the trustee, shall be deemed as the preserved right, and the Defendant’s unjust enrichment or damages shall be exercised on behalf of the Defendant.
In this case, unlike the delivery of the building by subrogation in the first complaint, the right to preserve is a monetary claim for the compensation of the damage to the trust of the new real estate company.