logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.30 2014나52416
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 2005, the Plaintiff is a Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”).

(3) On July 25, 2005, the truster, trustee, Defendant Korea Asset Trust, and Korea Mutual Savings Bank on the loan of KRW 5.4 billion, and on July 25, 2005, the truster, trustee, Defendant Korea Asset Trust, and the first beneficiary, and three parcels of land (hereinafter “instant land”).

2) As to the instant trust agreement, the Plaintiff entered into a trust agreement for real estate management (hereinafter “instant trust agreement”) with the following content:

Article 1 [Purpose of Trust] The purpose of the Trust is to ensure the management of the ownership of the instant real estate and the performance of obligations or responsibilities owed by the truster to the management of the ownership thereof. Article 9 [Preservation, Management, etc. of Trust Real Estate] (1) The truster shall actually continue to possess and use the trusted real estate, and shall bear the actual preservation and management of the trusted real estate, and all expenses incurred thereby. (4) The truster shall allow the trustee’s act of managing the property necessary for the preservation and disposal of the trusted real estate.

1. Where a credit transaction agreement concluded between the priority beneficiary and the debtor is violated;

2. When the trust contract is violated;

3. Other necessities for realization, such as reduction of collateral value.

(2) In the case of paragraph (1), if the trustee notifies the trustee of the scheduled disposal to the address of the truster reported, the notification shall be deemed to have reached the truster, and the truster shall not raise an objection against the trustee's disposal of the trusted real estate on the grounds that it is not aware in advance of the scheduled

§ 19. [Method of Disposition]

arrow