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(영문) 서울중앙지방법원 2016.08.18 2015나59763
유보금
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Grounds for the court's explanation in this part of the judgment of the court of first instance

2. As to the assertion and judgment

A. 2 Preliminary Claim is dismissed as follows, and the following statements are added to the phrase “the protection of the buyer is particularly stipulated” of the 11th 13th 13th 13th 11 of the judgment of the court of first instance, and the phrase “reasonable” of the same 17th st th th th th th th th is the same as each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

(a) Court rulings of the first instance;

2. During the allegations and judgments

(2) Paragraph (2) 2 of the same Article provides that the purchaser shall bear the property tax imposed on the pertinent real estate in the course of the public sale of the instant real estate held in the preliminary claim, and that the refund of the sale price and the penalty shall also be borne by the purchaser, or that the purchaser shall have been paid from the separate funds prior to the public sale

However, the defendant did not require the purchaser to pay the property tax in advance due to violating the duty of preference, and caused the purchaser to conduct the public sale of the real estate in this case without having settled the refund money and penalty in advance, among the buyers, and thereby making the purchaser settle the property tax, refund money and penalty first from the disposal price of the real estate in trust, thereby preventing the plaintiff from receiving the corresponding profit.

Therefore, the Defendant is obligated to compensate the Plaintiff for the damages incurred to the Plaintiff in the course of performing the above entrusted duties pursuant to Article 14(2) of the instant trust agreement.

B. The Defendant asserts that the instant trust agreement was not yet terminated because the Plaintiff did not consent to the settlement agreement, and therefore, the instant trust agreement did not cause damage to the Plaintiff. However, the instant trust agreement is a trust agreement.

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