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(영문) 서울고등법원 2016.11.25 2016나2019945
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the judgment of the first instance, except for the following cases. 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. The main part D (hereinafter “trustee”), the Korea Asset Trust (hereinafter “trustee”), the Defendants (hereinafter “Joint First Priority Beneficiaries”) and G, H, I, and the Plaintiffs (hereinafter “Joint Second Priority Beneficiaries”). The term “Joint First Priority Beneficiaries” and “Joint Second Priority Beneficiaries” collectively refer to “Joint First Priority Beneficiaries” and “Joint Second Priority Beneficiaries” and “Joint Second Priority Beneficiaries”) enter into a security trust agreement (hereinafter “trust agreement”) with respect to the instant building and its site (hereinafter “Trust Real Estate”).

Article 24 (Termination of Trust) (1) In principle, no truster or beneficiary shall terminate this trust contract unless any natural disaster or other inevitable circumstances exist.

However, the truster or beneficiary may terminate this trust contract where the consent of the beneficiary, beneficiary (including the pledgee where the pledge has been created on the right to benefit), and the trustee has been obtained, and in such cases the truster and beneficiary shall compensate the trustee for the loss caused by the termination of this trust contract.

Article 25 (Termination of Trust) The Trust Contract shall be terminated in the following cases:

1. Above

5. (Omission)

6. Where the trust contract is terminated in accordance with Article 24, Article 26 (Payment of Trust Benefits when the trust contract is terminated) (1) Where the trust contract is terminated, the trustee shall pay the trust benefits to the beneficiary in the following methods:

1. A trustee shall prepare a statement of accounts under Article 16 and notify the beneficiary thereof;

2. A beneficiary shall express his/her consent to the settlement under subparagraph 1 to the trustee.

Provided, That the trustee shall send the notification with the content certification and shall not express his/her intention to the beneficiary within ten days.

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