부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
As a result, on January 31, 2008, Defendant Han Asset Trust Co., Ltd. (hereinafter “Defendant Han Asset Trust”) concluded a trust agreement with 13 households that did not sell among the instant building and 60 households that sold the instant building (hereinafter “instant trust agreement”) and designated Defendant SB Savings Bank as the first beneficiary.
Among 60 households, the trust property of the instant trust agreement, the sales building of this case is included.
The main contents of the instant trust agreement are as follows:
Article 1 (Purpose of Trust) The purpose of this Trust Contract is to preserve and manage the trust property and to realize and settle the trust property when the debtor fails to perform his/her obligations in order to guarantee the ownership management of the trust property, the responsibility to be performed by the "A" (TTA), and the obligation to be borne by the debtor.
Article 3 (Beneficiarys) (1) In this trust deed, beneficiaries shall be as shown in Appendix 2-2.
* The first beneficiary of Appendix 2-2: Defendant SBA Savings Bank beneficiary: debtor: The original copy of the trust under Article 4 (Original of Trust) of the Taean Golf Telecom Act is trust real estate or property acquired by subrogation, profits arising from the management of trust property, such as penalty arising in relation to the disposal and disposal procedure of trust real estate, and others corresponding thereto.
Article 17 (Time for Disposal of Real Estate in Trust) (1) In a case falling under any of the following subparagraphs, even if the period of trust expires, the real estate in trust may be disposed of at the request of the priority beneficiary:
1. Where a person fails to comply with a credit transaction contract concluded between the first beneficiary and the "A", Article 21 (Settlement of Proceeds from Disposal of Property, etc.) (1) The order of priority in cases where "B" liquidates and adjusts trust real estate shall be as follows:
1. Expenses and remuneration related to the trust deed;
(a)Expenses: electricity, water supply, management costs, insurance premiums, etc.;