본문 바로가기 주메뉴로 바로가기
All
TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2017Da269442 Decided September 3, 2020 【Claim for Reinstatement, etc.】 [full Text]
Summary
Whether the truster, beneficiary, or other trustees where a number of trustees exist may request the relevant trustee to reinstate the trust property pursuant to Article 43(1) of the Trust Act where a trustee causes any loss to the trust property in violation of his/her duty for due fiduciary care (affirmative), and in such a case, meaning of “reinstatement of trust property”
Whether to order the payment of loss incurred by delay based on interest rates prescribed in the Civil Act and Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings where an order to perform all or any monetary obligations is adjudicated by the result of the restoration of trust property in accordance with Article 43(1) of the Trust Act, (negative in principle)
Prev 【Syllabus of Latest Opinion】Supreme Court Decision 2015Do1927 Decided September 3, 2020 【Interference with Business; Refusal to Leave】
Next 【Syllabus of Latest Opinion】Supreme Court Decision en banc Decision 2016Du32992 Decided September 3, 2020 【Revocation of Disposition Notifying Non-Legalization of Trade Union】
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100