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(영문) 광주지방법원 2017.07.06 2016가합55396

손해배상(기)

Text

1. The plaintiff A:

A. Defendant E’s KRW 46,00,000 and for this, KRW 5% per annum from August 11, 2016 to March 16, 2017.

Reasons

1. Basic facts

A. The sale management trust contract, business agreement, and agency contract with respect to Ftels; 1) the Dondi City Development Co., Ltd. (hereinafter “Dondi City Development”)

2) The International Trust Co., Ltd. (hereinafter referred to as “Revised International Trust”) shall be the International Trust Co., Ltd. (hereinafter referred to as “International Trust”).

(3) On March 23, 2012, Gwangju, Seo-gu and four lots (hereinafter “instant land”).

(2) As to Ftels to be constructed on the ground, a sales contract agreement and an agency contract (hereinafter “instant business agreement”) with the content that the development of Dondi City, the executor of the sales contract, entered international asset trust as an agent trust company, and sealed the sales revenue only in the funds management account of an international asset trust, and that the sales contract without the seal of an international asset trust will become null and void.

2) On March 23, 2012, 201, the development of b&D city entered into an international asset trust and sales management trust agreement (hereinafter “instant trust agreement”) in accordance with the instant business agreement, and its main contents are as follows.

[Trust Contract of this case] Article 3 (Registration of Transfer of Ownership and Trust) (1) The Land of this case must be transferred ownership and registered as trust in the future of the International Asset Trust after the conclusion of the trust contract.

(2) Where a building on the instant land is completed, the development of a b&D city shall carry out an additional trust with international asset trust at the same time as registration of ownership preservation for the completed building in the name of the b&D city development after undergoing a pre-use inspection.

Article 6 (Revenues for Sale in Lots) International asset trust shall use proceeds from sale in lots in the sale of the sales account in accordance with the business agreement and agency business agreement.

3 A notice of “F sales guidance” prepared at the first time of the Ftel’s initial sale of a Ftel, stating that the sale price shall be deposited into an account in the name of an international asset trust.