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(영문) 부산고등법원 2014.12.23 2014나1027
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court's explanation concerning this part of the basic facts is as follows: (a) the part of the judgment of the court of first instance 3, Section 4 "D." and Section 5 (e) "Ma." are as follows: (b) the part of the judgment of the court of first instance 2, 3, 8, 23, 5, 6-5, 9, 12 and 7-3, 15, 16, 16, 26-1, 1, 2-2, 1, 3, 3, 3, 8, 23 and 6-5, 6-5, 9, 12, and 7-1, 26-2, 3, 15, 16, and 26-1, 3, 16, and 26-26-2,

D. 1) B entered into a trust agreement on each apartment of this case with the K non-real estate trust company (hereinafter “KB trust”), the NB real estate trust company (hereinafter “KB trust”), the GB real estate trust (hereinafter “new trust”) for the purpose of securing the above PF loans based on the loan agreement of this case, and the trust agreement on each apartment of this case was made around June 30, 2009, and the main contents of each of the above trust agreement are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) No truster shall reduce the value of trusted real estate by establishing rights, such as lease, or changing the current state of trusted real estate, without the prior consent of the trustee.

(4) A truster shall allow the trustee to manage the property necessary for preserving and disposing of the value of trusted real estate.

[Special Agreement] Article 7 (Transfer of Ownership in front of a Purchasers) (1) A statement of transfer of ownership in front of a purchaser (seller) who has fully paid the purchase price and sale price to the purchaser (seller)

If there is an agency, the trustee may request the purchaser (outer) to provide a letter of undertaking to attach to the trust property, and may directly transfer the ownership of the real estate to the purchaser (outer).

Provided, That in such cases, the trustee shall take charge of only the transfer of ownership on the register of the register, and the sale price shall be the sale price.

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