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(영문) 서울중앙지방법원 2014.10.15 2014가합10002
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In fact, the real estate mortgage trust armere Construction Co., Ltd. (hereinafter referred to as "limited company" and "stock company" are omitted from the time of the second name of the company) is the Si construction of the apartment complex with the land surface surface outside 152-8 and 6 lots, which was implemented by the hot spring sub-building housing association, and each real estate (hereinafter referred to as "trust real estate") listed in the separate sheet in the attached sheet of August 16, 2005, including 43 real estate (hereinafter referred to as "real estate in the same manner as "real estate"), including the real estate listed in the separate sheet in paragraph (1) of the attached sheet, in lieu of the repayment of the construction cost of the apartment reconstruction construction work from the above association.

On August 16, 2005, Mumera Construction Co., Ltd. entered into a real estate security trust agreement with the trustor, beneficiary of trust proceeds, K non-real estate trust company as trustee, the NAFF as the first beneficiary of trust principal, and the first beneficiary of the trust principal, and completed the registration of transfer of ownership based on the trust agreement of this case on the same day.

On September 2, 2005, Mumerar Construction and K non-real estate trust changed the subject matter of the trust from 43 units to 42 units, added the plaintiff to the second beneficiary of the trust agreement of this case, entered into an agreement to change the plaintiff's profit amount of KRW 4.5 billion to the second beneficiary of the trust agreement of this case. On May 8, 2007, changed the subject matter of the trust from the above 42 units to 22 units, the trust property of this case, the trust property of this case from the above 42 units, and added Solomon Mutual Savings Bank to the third beneficiary of the third priority, and added the profit amount of the National Agricultural Cooperative Federation, the first beneficiary of the first beneficiary, to the third beneficiary of the first beneficiary of the trust agreement of this case.

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