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(영문) 서울고등법원 2014.08.21 2013나26519
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' primary and conjunctive measures are against the defendant.

Reasons

1. In fact, the relation between the parties to the warehouse of this case is as shown in annexed Form 1. A.

1) Korea Refrigerants Korea Co., Ltd. (hereinafter “Korea Refrigerants”)

)A freezing warehouse (AKIF) located in E.K. 463 E. Ma-si, Macheon-si, E.I.D., owned by it, consisting of the ground 1, 2 and the first underground floor (hereinafter referred to as “instant warehouse”).

The warehouse of this case is the surface of the wall and the ceiling have the structure of the sand site panel. The inside of the sand location panel is composed of styp, grop, and erosp. 2) Egyke real estate investment trust funds (hereinafter “AKS trust funds”) were purchased from the head of the instant warehouse in order to perform indirect investment as provided by the former Indirect Investment Asset Management Business Act (Act No. 8635, Aug. 3, 2007; hereinafter “former Indirect Investment Act”) by investing 30% of the Centre Centre, an investment company, the Samsung Life Insurance Co., Ltd., and the Korea Life Insurance Co., Ltd., Ltd., 27.5% of each of the investment companies, and 15% of the total amount of 3.2 billion won in total, as the Financial Investment Services and Capital Markets Act was enacted.

3) AKIF Trust Fund was merged with SAB Asset Management Co., Ltd. (FFFF on January 2, 2009) with an asset management company under the former Indirect Investment Act for indirect investment in the instant warehouse.

AKF Trust Fund purchased the warehouse of this case from Korea Refriger, and completed the registration of ownership transfer in the name of the Defendant, a trustee company, on November 20, 2007. The real estate investment trust agreement with the Defendant on November 10, 2007 (hereinafter “instant trust agreement”). The real estate investment trust agreement with the Defendant on November 10, 2007 (hereinafter “instant trust agreement”).

(2) The main contents of the instant trust agreement are as follows. [The main contents of the instant trust agreement are set forth in Article 6 (Asset Management Company and Asset Management Company.]

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