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(영문) 서울중앙지방법원 2018.06.07 2017나83463
사해신탁취소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment in the court of first instance are recognized as legitimate even if the evidence submitted in the court of first instance

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for the dismissal as set forth in paragraph (2) below, and thus, it is citing it as it is by the main text of Article 420

2. The height of the judgment of the court of first instance is 3.0 Da from the 5th to the 21st c.

The parts of paragraphs are as follows.

C. According to the above facts, the non-party union entered into an additional trust or modification agreement with the defendant on several occasions, including a real estate mortgage trust agreement entered into with the defendant on May 20, 2013, with respect to each of the existing real estate trust agreements entered into with the first beneficiary, the first beneficiary, the second beneficiary, and the second beneficiary, which trust the defendant with the land of this case, and the newly constructed apartment in the process of continuing the new construction project since succeeded to the status under the real estate mortgage trust agreement and the new construction project. The non-party union entered into an additional trust or modification agreement with the same structure on several occasions, including a real estate mortgage trust agreement entered into with the defendant on May 20, 2013, in order to raise funds for the project for the new construction project of the apartment of this case. According to each of the above real estate security trust agreement, where the apartment of this case is completed in the site of this case, each of the new apartment of this case will be additionally provided with the real estate security trust agreement of this case.

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