부당이득금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Basic facts are based on the letter of the real estate management and disposal trust agreement (for security trust) under the instant trust agreement (hereinafter “trustee”) is entrusted with the instant trust real estate (hereinafter “trustee”) and the trustee concludes a real estate security trust agreement as follows in accepting the trust real estate.
Article 1 (Purpose of Trust) In order to guarantee the management of ownership of real estate held in the instant trust and the performance of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to the instant trust, the trustee is responsible for preserving and managing the instant trust real estate and realizing and settling the said real estate in the event of default
Article 2 (Trust Period) (1) The period of trust shall be as shown in attached Form 2-1, and the period may be extended in consultation with the truster and the trustee before the termination of the trust.
(2) Where the trust real estate of this case is disposed of at the request of the priority beneficiary before the trust period under paragraph (1) expires, it shall be deemed that this trust is terminated when the registration of transfer is completed.
Article 3 (Beneficiary) (1) A beneficiary under this trust agreement shall be as shown in attached Form 2-2.
(2) The truster may designate or change the beneficiary additionally with the consent of the trustee.
The original of the trust under Article 4 shall be the real estate in this case or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the real estate in this case, the penalty for breach of trust, and other equivalent amounts.
The profits of the trust under Article 5 shall be the rents accruing from the instant trusted, the profits accruing from the management of money belonging to the trust property, and other equivalents.
Article 7 (Right to Benefit of Preferential Beneficiaries) (1) The scope of profit of the right to benefit held by the preferential beneficiary shall be between the preferential beneficiary and the debtor (attached Form 2-3).