손해배상(기)
1. The Defendants jointly share KRW 36,160,00 for the Plaintiff and Defendant B with respect thereto from August 5, 2016, and Defendant C with respect thereto from August 5, 2016.
1. Basic facts
A. The status D Co., Ltd. (hereinafter “D”) is a company that carries out the business of newly building and selling 482 household Ftel in the Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”). The Plaintiff is a person who, upon introduction of the Defendants, entered into a sales contract with D as to the above Ftel G and H, and Defendant B is a person who runs real estate brokerage business under the trade name of “J Licensed Real Estate Agent” in Gwangju-gu, Gwangju.
B. D on March 23, 2012, carrying out the business of selling officetel units, trust contracts, etc. D) D, while carrying out the business of selling officetel units built on the instant project site by K and L Co., Ltd., Ltd., and M Co., Ltd. (hereinafter “trustee”), M Co., Ltd. (hereinafter “N Co., Ltd.”) was changed to N Co., Ltd., Ltd.
) 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, D entered into a trust agreement with a trustee under the instant business agreement (hereinafter “instant trust agreement”). On the same day, D completed the registration of ownership transfer based on trust with respect to 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 Ftel, and D shall conduct sales business, such as the conclusion of the sales contract, in consultation with the trustee, and the trustee shall keep the sales contract, open the fund management account, and receive and manage the sales price, but the sales revenue shall be collected only in the OF account in the name of the trustee, which is the account for the management of the sales revenue designated by the trustee, and the sales contract shall be limited to the money deposited in the designated sales revenue management account.