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(영문) 서울고등법원 2015.06.11 2014나50304
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

All of the plaintiffs' primary and conjunctive claims are dismissed.

2...

Reasons

1. Basic facts

A. 1 Implementation of the instant project 1) Maroam Development Co., Ltd. (hereinafter “Maroam Development”).

34,584 square meters (hereinafter “instant project site”) in Ansan-si Co., Ltd.

2) On the ground, A Dong, B, and C (hereinafter “instant D shop”)

) and E commercial buildings (hereinafter referred to as “instant E commercial buildings”);

(2) A project for the construction of a new F Commercial Code, such as the project of this case (hereinafter referred to as the “instant project”).

(2) On August 23, 2007, the Defendant entered into a real estate sale management trust agreement (hereinafter “instant trust agreement”) with respect to the instant project site. The main content of the said trust agreement is as follows.

The entrusted person shall entrust the real estate (trust real estate) in attached Form 1 to the defendant (trustee) and the trustee shall conclude a trust contract for sale management (trust contract) as follows in accepting the real estate in attached Form 1:

Article 1 (Purpose of Trust) This Trust Contract is to carry out a business (sale) in which a truster constructs or expands a building in accordance with the "Act on the Sale of Building Units" (hereinafter "Building Units Act") and sells it in lots by a truster on the trust real estate as shown in the attached Form 2 on the trust real estate, and to dispose of and settle the trust real estate in which the trustee bears the burden of the trustee on the trust real estate (including the case where the completed building is additionally entrusted) and the trustee disposes of

Article 2 (Definition of Terms) (1) A beneficiary: A right holder who is to receive the remaining trust property after the final settlement at the time of termination of a trust. (2) A right holder shall be entitled to receive the profit in preference to a beneficiary under the provisions of this trust contract within the scope of establishment of a right to preferential benefit.

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