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(영문) 서울고등법원 2015.02.05 2014나2026574
구상금
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 reasons for the court's explanation concerning this case are as follows: Article 3 of the Trust Act (wholly amended by Act No. 10924, Jul. 25, 201); Article 3 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201; hereinafter the same) shall be "Article 3 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201); Article 13 of the 7th Act shall be "right to claim reimbursement of expenses"; Article 16 of the 16th Act shall be "B"; and the plaintiff's assertion shall be as stated in the reasons for the judgment of the first instance, except for supplement of the following determination,

2. Supplementary judgment

A. According to the Plaintiff’s assertion under the instant trust agreement, taxes and public charges on real estate held in trust, such as electricity and gas charges, are first appropriated for the trust property by the Defendant. Under the instant trust agreement, the parties liable for tax and public charges are determined as B, and the contents thereof were registered in the original trust register and acquired opposing power.

Even if a trust property may be transferred from a truster or a trustee or a third party who has been granted the right to trust property, this can not be said to have an opposing power against the plaintiff, who is a third party. It cannot be said that the plaintiff and the plaintiff entered into an implied agreement between the plaintiff and the person liable for the payment of the above charges, etc., on the premise that they are B and the plaintiff would be paid it in lieu of B.

Therefore, the Defendant, as the obligation to return unjust enrichment to the Plaintiff or to reimburse expenses incurred in managing business affairs, shall pay the Plaintiff the total amount of the electricity and gas rates paid by the Plaintiff, 289,351,370 won, and delay damages therefrom.

B. (1) According to each description in the evidence Nos. 3-1 through 5, and No. 5, the burden of tax and public charges on real estate held in a trust under the instant trust agreement shall be borne by B who is a beneficiary, and Article 19(1)1 of the instant trust agreement, and Article 17(1) of the special agreement of the instant trust agreement.

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