부당이득금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On October 22, 2003, Defendant D non-real estate trust company (hereinafter “Defendant D non-real estate trust”) entered into a real estate security trust agreement with B Co., Ltd. (hereinafter “B”) with respect to the entire building, including “E shopping mall” building (hereinafter “instant commercial building”) of 8 stories and 14 stories, which is to be constructed on the ground of 1,461§³ and D large 205§³, including trusters and debtors and beneficiaries, B, and Defendant D non-real estate trust with priority beneficiaries, and the trust period was from October 23, 2003 to October 31, 2006 to the public trust agreement (the following contents were the same), and the contract was modified to the public trust agreement with the beneficiary of the above real estate (hereinafter “Defendant D non-real estate trust agreement”). The trust agreement was amended to the public trust agreement with the beneficiary of the above case, and the trust agreement was amended to the public trust agreement of 208 square meters.
[hereinafter] The purpose of this trust is to preserve and manage the trust real estate and to liquidate it in the event of the nonperformance of the obligation, in order to guarantee the ownership management of the trust real estate and the fulfillment of the obligation or responsibility borne by the “A” (including the debtor if there is a separate debtor; hereinafter the same shall apply).
Article 4 ( Original of Trust) The original of a trust shall be the profits accrued from the management of the trust property, such as the trust property, the property acquired by subrogation thereof, the lease deposit acquired and kept by “B” as a lessor, the proceeds from the disposal of the trust property, and the penalty arising in connection with the disposal procedure, and others corresponding thereto.
Article 5 (Receipt of Trust) Profits of trust shall be rents, etc. accruing from real estate in trust and others corresponding thereto.