부당이득반환
1.The judgment of the first instance, including a claim that has been reduced and expanded in the trial, shall be modified as follows:
1. Basic facts
A. A. Around January 5, 2005, gender-friendly industry development company (hereinafter “sexual-friendly industry development”) sold 122 units of apartment units unsold in two weeks, among the apartment units unsold in two weeks, when the development of sex-friendly industry was newly built on the K&P Co., Ltd. (hereinafter “S&C”), and the development of sex-friendly industry was loaned from the promotion-oriented mutual savings bank (hereinafter “promotion mutual savings bank”) around that time in order to pay the purchase price for the development of sex-friendly industry.
B. On March 30, 2005, gender-friendly industry development entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with the Plaintiff and the Plaintiff, a company engaged in real estate security trust business, with respect to the above 122 apartment units (hereinafter “instant trust real estate”), wherein the promotion mutual savings bank as the beneficiary and the Don-don-WC as the beneficiary, concluded a real estate management trust agreement for the purpose of security trust (hereinafter “instant trust agreement”), and completed the registration of ownership transfer for the Plaintiff based on the trust agreement.
The trust period: The first beneficiary of the trust principal for three years from the date of registration of the trust: the beneficiary of the trust principal and trust proceeds: the promotion mutual savings bank: Article 9 (Preservation, Management, etc., of Trust Real Estate) of the Doarara C&C Co., Ltd. (1) The truster shall actually continue to occupy and use the trust real estate, and shall bear all the expenses incurred therefrom.
C. The terms and conditions of the instant trust agreement and the business and agency agreement concluded on March 30, 2005 for the sales business of the instant trust real estate (hereinafter “instant agency agreement”) provide for the following matters with regard to the sale of the instant trust real estate:
Article 4 (Management of Trust Real Estate) (1) The trustee shall be related to the performance of the duties of a new tower.