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(영문) 광주지방법원 2018.05.25 2017가단507316

손해배상(기)

Text

1. Defendants E, F, and G Co., Ltd. jointly KRW 35,000,000 for each of the plaintiffs, and Defendant E, and G.

Reasons

Ⅰ Claim against Defendant D

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter “Defendant G”) is a company that carries out the business of newly building and selling an officetel of 482 households to the land outside Seo-gu in Gwangju, Seo-gu and four lots (hereinafter “instant project site”). The Plaintiffs, upon the introduction of Defendant D, concluded a sales contract on the instant officetel Nos. 504, 524, and 1204 (hereinafter collectively referred to as “each of the instant officetels,” and individually referred to as “each of the instant officetels,” and collectively referred to as “each of the instant officetels”).

B. Defendant G, on March 23, 2012, is running the business of selling an officetel on the instant site by the Maritime Construction Co., Ltd. and the ASEAN Construction Co., Ltd., Ltd. on March 23, 2012, and the International Trust Co., Ltd. (hereinafter “trustee”) changed its trade name to an International Asset Trust Co., Ltd., Ltd., and hereinafter “the Trust”).

) The instant business agreement and agency business agreement with respect to the instant project for the new construction and sale of officetels (hereinafter “instant business agreement”).

(2) On March 23, 2012, Defendant G entered into a trust agreement with a trustee under the instant business agreement (hereinafter “instant trust agreement”). On the same day, the trustee company completed the registration of ownership transfer based on trust regarding the instant project site, and the contents of the instant trust agreement were publicly announced in the trust ledger.

3. According to the instant business agreement and the instant trust agreement, the trustee manages the ownership of the instant business site and the ownership of the Itel on trust, and the Defendant G proceeds in consultation with the trustee on the execution of the sales contract, etc., and the trustee shall keep the sales contract, open the fund management account, and receive and manage the sales price, and the proceeds are designated by the trustee.