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(영문) 수원고등법원 2020.07.23 2019나15690
사해행위취소로인한 소유권이전등기말소
Text

1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition of the written reasoning as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

(The court of first instance is just in finding and determining the facts of the first instance even if the evidence submitted by the plaintiffs to this court was based on the evidence duly admitted and examined by the court of first instance, and there is no error as alleged in the grounds of appeal by the plaintiffs). The fifth and seventh classes of the first instance court are added as follows.

In addition, the purpose of the trust with the truster, trustee, beneficiary, etc., the management, disposal, operation and development of trust property, and other methods necessary to achieve the purpose of the trust, the reason for the termination of the trust, and other provisions of the trust are stated in the trust ledger, which is part of the real estate register (Article 81(1) of the Registration of Real Estate Act). Therefore, the general creditors of the truster may confirm and monitor the status of the operation of trust property through the publicly announced trust ledger, following the fifth page of the judgment of the first instance.

In addition, the trustee shall perform the trust affairs with the care of a good manager and perform the trust affairs for the benefit of the beneficiary (Article 32 and Article 33 of the Trust Act). The trustee shall not, in whose name the trustee shall own the trust property, vest the right to the trust property in its proprietary property, or engage in any other act contrary to the beneficiary's interest (Article 34 of the Trust Act).

“5) Under the instant trust contract, D around September 13, 2017, borrowed KRW 1.57 billion from the Defendant Intervenor’s Intervenor as a fund necessary for the instant Osa construction and sales business (e.g., Defendant Intervenor became the first priority beneficiary under the instant trust contract).

)(B)(B) or 4 to 6 evidence.’

2. Added.

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