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(영문) 서울고등법원 2017.02.09 2016나3135
수익금 등
Text

The judgment of the first instance shall be amended as follows:

Defendant’s KRW 3,865,332,864 and its related amount on October 1, 2015.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the cases being cited or added as stated in paragraph (2) below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 15th judgment of the first instance court, the phrase “the result of this court’s response to the fact inquiry” as the phrase “the result of the App Savings Bank’s response to the fact inquiry of the court of the first instance as the result of the fact inquiry of the court of the first instance.”

Nos. 8 through 24 of the judgment of the first instance court shall be followed as follows.

【B) Seoul Central District Court 2015Gahap12135 (1), equivalent to KRW 1,973,507,668 (1) of the cost of defect repair in the lawsuit claiming damages, the council of occupants’ representatives of the apartment of this case filed a lawsuit claiming damages in lieu of the defect repair of the apartment of this case against the defendant. The appraiser of the above case appraised the defect repair amount of the apartment of this case at KRW 1,973,507,668, and the defendant may withhold the delivery of money equivalent to the above defect repair amount pursuant to Article 24(3)(b) of the trust agreement of this case. As such, the above amount of money belonging to the trust property is reserved to be equivalent to KRW 1,973,507,68.

Therefore, the equivalent amount should be deducted from the proceeds from the trust of this case.

(2) Comprehensively taking account of the evidence and the purport of the entire pleadings in each statement of evidence No. 22 and No. 23, Article 24(3)(b) of the instant trust agreement provides that even if the trust agreement is terminated, the Defendant may withhold the delivery of money belonging to the trust property in order to secure funds to cover the repayment of other obligations. The council of occupants’ representatives of the instant apartment is the Plaintiff, the UND Construction and the instant apartment as Seoul Central District Court 2014Gahap40980, 2015Gahap12135 (combined).

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