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(영문) 제주지방법원 2016.07.20 2015나5927
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Defendant.

Reasons

1. Reasons why the court shall explain this case in this case, and the third-party decision of the court of the first instance

(a) by inserting paragraphs (3)(a) and (b) as follows, the third third to be the guest room, and the third to be the “B” in the sixth to be the 1, 7, and Eul evidence 11-6 in the 6th to be the 6th to be the 3rd to be the “B”.

Each part of the judgment of the court of first instance is the same as the part of the judgment of the court of first instance, except for each modification to “A disposal trust contract of this case” to “A company appears to have had an intention to continue its business even before the settlement agreement of this case was reached,” and “the Plaintiff company would have been operating its business even before the settlement agreement of this case was reached, even if it did not operate its business at the time of the instant trust agreement, it appears that the Plaintiff company had been managing the already sold guest rooms with intent to continue its business even before the settlement agreement of this case was reached.” As such, it shall be cited as it is in accordance with the main sentence of

2. (A) Determination as to the Plaintiff’s assertion of abuse of power of representation (3) in the part of the trial at the trial, (a) even though the amount of the Plaintiff’s debt against the Kudong Construction at the time of the instant trust contract was 28,757,09,79, and 798, the amount of the Plaintiff’s debt is 41,713,734,90 won, and the representative director C of the Plaintiff Company entrusted the unsold room with approximately 13 billion won, as the amount of the Plaintiff Company’s debt exceeds the amount of the Plaintiff Company’s debt, the act by C constitutes abuse of power of representation, and furthermore, it is not effective since the Plaintiff’s obligation is known of Kudong Construction and Madong Real Estate Trust.

(B) Even if all of the evidence presented by the Plaintiff Company, it is insufficient to recognize that the value of the hotel rooms of this case trusted at the time of the instant trust agreement exceeds approximately 13 billion won of the Plaintiff Company’s debt for extreme Dongdong Construction. In addition, Article 13 of the instant trust agreement provides that “Article 13 of the instant trust agreement provides for a special agreement, which is the first truster, shall be the Dadong Construction, which is the first truster.”

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