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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. While promoting a reconstruction project with respect to the building of this case owned by the Plaintiff (formerly, the Plaintiff Co., Ltd.), the Plaintiff (formerly, the Plaintiff Co., Ltd.) concluded a trust agreement with the VienTex (hereinafter referred to as the “NTex”), which stipulates that the building of this case shall be offered as security in borrowing funds from Samsung Mutual Savings Bank, etc., and the truster shall be the Plaintiff and the International Assets Trust Co., Ltd. (hereinafter referred to as the “International Assets Trust”) around January 11, 2008; the trustee shall be an international asset trust; the trustee shall be an international asset trust; the beneficiary shall be a corporation, Samsung Mutual Savings Bank, Seoul Mutual Savings Bank, and the first Mutual Savings Bank Co., Ltd., Ltd. (hereinafter referred to as the “instant trust agreement”); and the part related to the possession, use, etc. of the building of this case as the trust agreement shall be as follows.
Article 9 (Preservation, Management, etc. of Trusted Real Estate) (1) Trusters shall virtually continue to possess and use trust real estate, and shall bear all the expenses incurred in actual preservation of trust real estate, all management activities and other expenses.
(2) Where a trustee has not given prior consent of the trustee, the truster shall not reduce the value of the trusted real estate by creating rights, such as lease, or changing the current state thereof, etc.
[Matters of special agreement] Article 3 (Real Estate Management) The trustor shall be fully responsible for the management and operation of the real estate subject to the trust, such as the illegal possession of the real estate, and the trustee shall not be held liable for any civil or criminal liability therefor.
B. From June 1, 2013, the Defendant occupied and used the instant office.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. The parties' assertion
A. The defendant's assertion is without authority.