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(영문) 서울고등법원 2019.06.28 2018나2049711
부당이득금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is as follows, and this part of the judgment of the court of the first instance is the same as that of the corresponding part of the judgment, except for the following parts.

Part 2 of the judgment of the first instance court (hereinafter referred to as “instant trust contract”) 16 pages 2 of the judgment of the second instance (hereinafter referred to as “instant trust contract”) shall be amended to “(hereinafter referred to as “instant trust contract,” and the special agreement shall be referred to as “special agreement”).

The second to fourth of the judgment of the court of first instance shall be put in the following marks:

Article 17 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the beneficiary:

1. Taxes, public charges, registration expenses, and trust fees for real estate in trust;

2. Expenses for design supervision, and construction cost;

3. Redemption of borrowings, interest thereon, lease deposit, etc.;

4. Expenses related to the repair, preservation, and improvement of real estate in trust and fire insurance premiums;

5. Expenses incurred in performing the affairs of sale in lots;

6. Legal advice expenses incurred by a trustee in performing trust affairs under a trust contract;

7. A loss a trustee has received without any negligence in the course of performing the trust affairs;

8. Guarantee expenses incidental to a trustee under related statutes.

9. Other expenses equivalent to the items of the preceding subparagraph. (2) A trustee may pay the expenses under paragraph (1) from the trust property, and if unable to pay them, he/she may, if necessary, have the truster or beneficiary deposit an amount equivalent thereto in advance, or may sell part or all of the trust property and appropriate it for the payment thereof.

Article 26 (Trust Remuneration) (1) A trustee shall receive the trust remuneration (attached Form 4) in accordance with the trust business in accordance with the following classifications as follows, and may receive it from trust property or from trust property:

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