부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On October 31, 2003, Memerla Construction Co., Ltd. (hereinafter “Memerla Construction”) concluded a business agreement with the Military Mutual Aid Association and Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government with a view to borrowing KRW 135 billion from the business funds for the construction of one parcel E, and in return, paying the principal and interest of the loan and the business profit of KRW 35 billion.
B. On September 17, 2007, Rotterdam Construction entered into a trust agreement (hereinafter “instant trust agreement”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) with the following terms (hereinafter “the instant trust agreement”). Upon completion of the instant officetel’s construction on the above ground, the F Officetel (hereinafter “instant officetel”) completed the registration of ownership preservation in the name of Rotterdam Construction on September 28, 2007, and completed the registration of ownership transfer under the name of Korea Land Trust.
Article 1 (Trust Purpose) of the Trust Contract of this case is to carry out the affairs of disposal, etc. of the trust property by the trustee.
Article 3 (Trust Period) (1) The trust contract period shall be from September 17, 2007 to December 31, 2007, and when the transfer registration of ownership is terminated due to disposal of the trusted real estate during this period, the trust contract period shall be the date of termination.
(2) When intending to extend the period of trust, the truster and the trustee may extend it through consultation.
Article 4 (Beneficiarys) (1) In this trust deed, beneficiaries shall be determined as follows:
The name of a beneficiary of trust principal: The name of a beneficiary of trust proceeds: The Military Mutual-Aid Association (hereinafter referred to as the "Military Mutual-Aid Association") under Article 6 of the Military Mutual-Aid Association (hereinafter referred to as the "Military Mutual-Aid Association") shall dispose of trust real estate according to the disposal price, method and conditions of disposal deemed appropriate, and if the trustee has agreed on the management affairs by the time of disposal, it may directly entrust the management affairs for the lease and the management affairs for the lease