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(영문) 서울고등법원 2018.06.12 2018나2003470 (1)
부당이득금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Plaintiff Company B that orders payment below is revoked.

The defendant.

Reasons

Basic Facts

In addition, the reasons why the Court should explain this part of the claims of the parties are as follows: Paragraph 1 and Paragraph 2 of the judgment of the court of first instance, except in the following cases or in addition.

Since it is the same as the part of the claim, it is cited by the main text of Article 420 of the Civil Procedure Act.

The main contents of the real estate security trust contract of this case shall be added to the second bottom and the third upper part of the judgment of the court of first instance as follows:

The main contents of the real estate security trust contract of this case are the proceeds of the trust under Article 5, such as rents, etc. generated from the trusted real estate.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) The non-party company shall actually continue to possess and use Trusted Real Estate, and shall bear all the expenses incurred in the actual management, such as preservation, maintenance, repair, etc.

In the absence of prior consent of the plaintiff B, the non-party company shall not reduce the value of the trusted real estate by limiting ownership, such as lease, establishment of mortgage, and chonsegwon, or by changing the current state of the trusted real estate.

Where a lease contract is renewed or a new lease contract is concluded due to the termination of the lease contract or the termination of the lease contract during the period of trust under Article 10 (Lease Contract, etc.), the non-party company shall enter into the contract in its name with the prior consent of the plaintiff B pursuant to Article 9(2)

Notwithstanding the provisions of paragraph (3), the lease contract that the non-party company voluntarily concluded cannot claim its effect against the plaintiff B, and if the damage occurs to the plaintiff B, the non-party company shall compensate the plaintiff B for the damage.

The third part of the judgment of the court of first instance is renewed, “The instant lease agreement shall be added,” and “The two shall be referred to in the following.”

The fourth decision of the court of first instance shall not be deemed to be the "no" of the 16th decision.

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