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(영문) 서울고등법원 2016.05.26 2016나2002190
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C (E) who is represented by the Plaintiff.

Reasons

1. The reasons for the citing the reasoning of the judgment of the first instance court are as follows: (a) 10, 19, 5, 7, 6, 80.7 square meters; (b) 11,680 square meters; (c) 119,187.986 square meters, written on 41 square meters; (d) 5,706.28 square meters; (e) 116,992.090 square meters, written on 5,974.58 square meters; and (e) 5,64 square meters; and (e) 9,97.4 square meters; and (e) 9,97.4 square meters; and (e) 5,174 square meters; and (e) 5,175,175.04 square meters; and (e) 98,47.444 square meters; and (e) 97.45,200 square meters; (e) -147.4,7.47.444.7.2.

2. The addition;

(a)in addition, between the 5th sentence of the first instance court and the 11th sentence:

As to this, when the Plaintiff entered into a trust agreement with the Korea Asset Trust, the Plaintiff agreed that “the truster shall actually continue to possess and use the trusted real estate, and shall bear all expenses incurred in the actual preservation of the trusted real estate and all management thereof.” In light of the above agreement, it is reasonable that the executor, not the Korea Asset Trust, exercises the voting rights on unsold stores among the instant buildings, but the Korea Asset Trust, and even if the Korea Asset Trust should exercise its voting rights, the contents of the above trust agreement and the fact that the Korea Asset Trust did not raise an objection against the exercise of voting rights in the City, it can be deemed that the Korea Asset Trust delegated the exercise of voting rights to the executor or granted its power of attorney.

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