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| TITLE | Supreme Court en banc Decision 2020Do8682 Decided December 22, 2022 【Breach of Trust】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 Meaning of “a person, administering another’s business,” who is a subject of a breach of trust Even if an obligee lends money based on confidence in an obligor’s performance of duties in a pecuniary claim-obligation relationship and obtains advantage such as satisfaction of the claim through the bona fide fulfillment of duties by the obligor, whether the obligor corresponds to “a person who administers another’s business” in a relationship with the obligee (negative) Whether this is likewise applicable in a case where an obligor agreed to assign his/her own movable to an obligee or provide it as security by means of transfer to the obligee to collateralize the pecuniary obligation (affirmative) Whether the legal doctrine as above is likewise applicable in a contract for the establishment of security by means of transfer regarding a movable which requires the registration of the transfer of a right (affirmative) Where an obligor, who concluded a contract for the establishment of security by means of transfer regarding an automobile, etc., disposed of the automobile, etc. to another person without fulfilling his/her duties based on the contract to an obligee, whether a breach of trust may be constituted with regard to such act (negative) | |
