부당이득반환
1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The Defendants respectively.
1. Facts of recognition;
A. On January 5, 2005, gender-friendly industry development Co., Ltd. (hereinafter “sexual-friendly industry development”) sold an apartment unit of 122 units unsold in lots among 122 units on the ground of the 840 ground of the bifurgal-based breathal-based breathal-based breathal-based b&C (hereinafter “S”) with a new gender-friendly industry development on the G&C Co., Ltd. (hereinafter “S&C”) and then borrowed from the promotion mutual savings bank (hereinafter “promotion mutual savings bank”) around that time in order to pay the purchase price for the sexual-friendly industry development.
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 the actual preservation of the trust real estate, all management activities
C. The terms and conditions of the instant trust agreement, and the business and agency agreement concluded for the sales business of the instant trust real estate (hereinafter “instant agency agreement”) provide for the following matters with respect to the sale of the instant trust real estate:
Article 4 (Management of Real Estate in Trust) (1) of the terms of the instant trust agreement.