신탁법상 수탁자의 자조매각권 및 비용상환청구권에 관한 연구(대상판결: 대법원 2009. 1. 30. 선고 2006다62461 판결)

In a case where the trust is terminated, the trust property is transferred to the rightful person to whom it is reverted. In that case the trustee has to claim back his damages related with the trust. His rights are the one to sell trust property and the other to claim back his damages related with the trust. The contractors can modify the rule of the Trust Act. It is same to those rights. The decision of the high court ruled that the trustee`s right by agreement to sell trust property not consistent with the Act is also legal and the rightful person should pay the trustee`s damages before he gets trust property. The Supreme Court Decision ruled for the high court`s decision. But it reversed the high court`s ruling, for the ruling had made a mistake on calculating the trustee`s damages. After analysing it, this essay says that the Decision touched the trust agreement rather than the Trust Act itself and we should be very cautious to apply the Decision to any other trust and to make trust agreement because of it. The Decision avoided ruling on the right to sell by the Act. Even though it was not unreasonable, it was desirable to rule on it. The Decision is important because it tells details on the Trust Law.