1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On August 10, 200, the New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”) entered into a real estate security trust agreement (hereinafter “instant contract”) with D Co., Ltd. (hereinafter “D”) and D’s attached list 1 (hereinafter “instant building”) on August 10, 200, and completed the registration of ownership transfer under the name of the New Real Estate Trust based on the instant contract as to the instant building on the same day.

B. The main contents of the instant contract are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve ownership and security values of real estate held in a trust and to settle the settlement when the truster fails to perform his/her obligations or her obligations, through the trustee (reficial real estate trust) in order to guarantee the performance of obligations or responsibilities owed by

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall actually continue to occupy and use trust real estate, and shall fully bear all the expenses incurred in the 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 means of creation of rights, such as lease, or modification of the current state thereof, etc.

(5) A truster shall accept and cooperate in the management of property of the trustee necessary for preserving and disposing of the value of trusted real estate.

Article 10 (Lease, etc.) (1) Where a lease contract is concluded between a truster and a lessee before this trust contract is concluded, such lease contract shall remain effective and the truster shall continue to maintain the status of the lessor, such as a duty to return the lease deposit, other responsibilities and rights as the lessor.

Provided, That where the name of the lessor is renewed as the trustee under the lease contract and the lease deposit is transferred and taken over between the truster and the trustee, the trustee shall be the lessor.