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(영문) 서울고등법원 2018.05.18 2017나2056248
손해배상
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 reasoning of the judgment of the court of first instance concerning this case is as follows, except for the dismissal or addition of part of the judgment of the court of first instance as follows, and thus, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

Following the “trust Contract” in Part 18 of the 18th page, “Article 1 is added to “If the purpose of the instant trust agreement is to ensure the preservation and management of the instant real estate and the performance of obligations or responsibilities to be borne by the ownership management B, the Defendant shall settle the settlement in the event of nonperformance,” and Article 15 “If the money belonging to the trust property is insufficient to pay all or part of the instant real estate for expenses incurred in the performance of trust affairs, and for losses arising from any cause not attributable to the Defendant in the performance of trust affairs, and it is impossible to receive the shortage from B, the Defendant may pay it by subrogation in the manner deemed reasonable.”

1. In the event of a breach of credit transaction agreements entered into between the first beneficiary and the debtor, the first beneficiary and the debtor

2. When the trust contract is violated;

3. Other necessities for realization, such as reduction of collateral value.

In addition, “when there is a person” shall be added. “Article VII(1) of the Terms and Conditions of the Special Agreement” shall be added following the 19th “paragraph (1)” of the 19th 19th 19th 19th 19th 19th 19th 19th 19th 20.

The 20th page 8 to 21 shall be as follows:

(3) Article 31 of the Trust Act is authorized to manage and dispose of the trust property as the subject subject to whom the rights and duties with respect to the trust property accrue and to perform all acts necessary for the achievement of the purpose of the trust: Provided, That the deed of trust may restrict them, and Article 46 of the Trust Act provides for expenses incurred by the trustee in the performance of the trust affairs from its proprietary property, the trustee shall, without his/her own negligence, perform his/her obligations

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