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(영문) 서울중앙지방법원 2019.02.14 2018가단5077360

부당이득금

Text

1. The defendant shall pay 182,00,000 won to the plaintiff and 15% per annum from April 25, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On December 20, 2010, on the real estate disposal trust contract C Co., Ltd. (hereinafter “C”) and the Defendant concluded a real estate disposal trust contract with the Defendant as the Defendant, and the first priority beneficiary, for the purpose of managing and disposing of the ownership of the housing of 123 households, including, but not limited to, a total of 123 households, including, the non- D and 2 parcels E apartment F (hereinafter “instant real estate”). The portion relating to the instant case is as follows.

§ 16 (Termination of the Trust and Delivery of Originals, etc.) (1) The Trust shall terminate upon the expiration of the period of the trust or upon the termination of the trust, and the trustee shall obtain the consent of the beneficiary for the final settlement of the trust.

(3) Trust real estate shall be delivered as it is, and other trust property shall be delivered after being disposed of in consultation with the beneficiary.

Provided, That any claim, such as date, future or outstanding amount, shall be deemed succeeded by the beneficiary.

Article 1 (Trust and Management of Trust) The purpose of this Trust Contract is to protect the right of the buyer by directly transferring the ownership of the trust property to the buyer at the request of the buyer, and to secure the right of the buyer by the preferential beneficiary's claim for the unsold trust property, in case of the buyer who fully paid the balance along with the purpose of the trust stipulated in Article 1 of this Contract.

Article 5 (Lease Business) (1) A trustee shall perform the affairs of disposal under Article 6 of this Agreement, and carry out the conclusion of a contract, such as the seal of a lease contract.

(2) A truster shall engage in the recruitment and selection of lessees, request for the conclusion of a lease contract with a trust company (a lease condition approved by the first beneficiary without violating the conditions of approval for distribution), the management of lease property, and the designation and replacement of lessees at the expiration of the lease term.