The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. The court below acknowledged the following circumstances based on its adopted evidence, i.e., (i) Ptel in Yongsan-gu Seoul pursuant to the real estate security trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), and (ii) pursuant to the instant sales contract with respect to real estate listed in the No. 1 List of the judgment below (hereinafter “the instant officetel”), the Plaintiffs deposited the sales proceeds (sale proceeds) into the Defendant’s account for management of revenues. Accordingly, the above sales proceeds are money belonging to the trust property, which is the original trust under the instant real estate security trust agreement, (ii) the Defendant returned the sales proceeds received from the Defendant’s account for management of revenues in the name of the Defendant on the grounds of the cancellation of the instant sales contract, and even if the land speculation development return it again to the Plaintiffs, the instant officetel itself, which is the object of the instant sales contract, shall be returned to the trust property in an unsold state, and thus, the Plaintiff’s right to return the proceeds of sale to the lender or the instant officetel itself, which is difficult to be deemed as it is.