1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 29, 1995, Samdi L&C Co., Ltd. (hereinafter “T&C”) constructed a new building with the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust Co., Ltd”) on the fourth floor above 27,308 square meters in Seongbuk-gu, Sungnam-si, Sungnam-si, with the fourth floor above ground reinforced concrete structure, the fourth floor above ground ground D and composite buildings (hereinafter “instant building”), and entered into a trust agreement with the purpose of leasing, managing, and operating it as trust property (hereinafter “instant trust agreement”).

On November 23, 2000, upon application of subrogation of Samsung Heavy Industries Co., Ltd. for the provisional disposition of mortgage, the registration of preservation of ownership in the name of the Korean real estate trust was completed on November 29, 2000 as the receipt of No. 10325 on November 29, 2000. The registration of division was completed on April 25, 2003.

B. The Korean Real Estate Trust was declared bankrupt on June 2, 2003 by Suwon District Court 2003Hahap4, and at the time, the instant trust agreement expired the trust period (from August 28, 1995 to December 31, 200), but the ownership of the instant building, which is a trust property, still remains in the name of the ownership of the Korean Real Estate Trust without being transferred to the person to whom the ownership of the instant building belongs.

After that, the Suwon District Court appointed E as a trustee in bankruptcy on May 9, 2006, and appointed G as a compulsory administrator on May 19, 2010, along with the decision to commence the F compulsory administration.

C. On February 23, 2004, Samdi C&C occupied the instant building by entering into a lease agreement with the Defendant on part of the instant building without restoring its ownership on the part of the instant building.

(The occupied part which is the object of the lease contract is referred to as “the occupied part of this case”).

Since then, B was appointed as a new trustee of the instant trust business on October 24, 2011, and on December 21, 2011, respectively, of the instant building.