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(영문) 서울고등법원 2019.09.27 2019나2023020
관리비 등
Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. The plaintiff's defendant B corporation

Reasons

1. Article 3 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201) provides that “The reason for the judgment of the court of first instance shall be as follows: (a) the part concerning “the judgment of the court of first instance” from No. 6, No. 4, to No. 7, No. 10, is the same as the entry of the reason for the judgment of the court of first instance other than the dismissal as set forth in the following paragraph (2); (b) As such, the part concerning the dismissal as set forth in the main sentence of Article 420 of the Civil Procedure Act shall be as follows: (a) Article 3 of the former Trust Act (wholly amended by Act No. 10924, Apr. 12, 201) provides that “a trust may oppose a third party by making a registration or enrollment with respect to the property to be registered; and (c) Articles 123 and 124 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 120, 201) provide that the trust register as part of trust.

Therefore, if the original trust register recognized as a part of the registration pursuant to the above provision contains a statement that the truster bears the responsibility to pay the management expenses for the trusted real estate, the trustee may oppose against the third party.

(See Supreme Court Decision 2012Da13590 Decided May 9, 2012). (b) According to each of the statements in Gap evidence 1-1-2, each of the instant commercial buildings, the "special agreement on the subject and scope of the responsibility for managing trust real estate" in Appendix 3 attached to each of the instant commercial buildings prepared and bound in the register is recognized as limiting the subject of the liability for payment, such as taxes and public charges imposed on trust real estate, to "trustee or beneficiary". In light of the above legal principles, the defendant corporation B is a truster or beneficiary under the registered trust contract.

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