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(영문) 광주고등법원(전주) 2014.09.18 2014나104

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

Reasons

1. Basic facts

A. After the Defendant newly constructed a P apartment with a scale of 592 household units in the O of the former North Korean territory (hereinafter “the apartment of this case”) on July 4, 2007, the Defendant continued to sell the apartment in general after obtaining approval from the head of the Gun having completed the period of announcement of the recruitment of the former North Korean territory on July 4, 2007, and thereafter, recruited tenants by converting the remainder of the household after May 208 to the rental sale.

B. The Defendant established a sales office on the first floor of the apartment management unit of this case, employed Q on August 13, 2008, and had Q Q work for the said sales office from that time to that time, and had Q work for the said sales office in charge of the rental and sale of the apartment of this case.

For this purpose, the defendant sent Q Q the passbook in the name of the defendant to manage the operating expenses of the defendant's corporate sense and sales office.

C. Around 2011, the Defendant decided to make a conversion for sale in lots for the households leased as above among the apartment buildings in this case. At the time, the Defendant’s application was received from the lessee four times through Q, which was the Defendant’s R, and the process of preferential sale was conducted against them. Q, using the Defendant’s seal impression, which was under his custody, entered into a provisional contract or lease agreement (hereinafter “each of the contracts in this case”) with the Plaintiffs and received the provisional contract money or lease deposit (hereinafter “provisional contract money, etc.”) under each of the contracts from the Defendant’s bank in the name of the above North Korea bank in the name of the Defendant, and received the deposit or lease deposit (hereinafter “provisional contract money, etc.”) from the Defendant in the office of sales in lots, and if a lessee terminates the lease of the apartment of this case without conversion for sale in lots among the lessees, the household is first sold to the Plaintiffs.

No. 1 of the table 1, the sum of the paid amount (limited to the won) on the date of concluding the contract for the plaintiff.