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(영문) 서울중앙지방법원 2017.07.26 2016나82081

손해배상(기)

Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2.The addition is made by this court.

Reasons

1. Basic facts

A. On January 18, 2005, the Plaintiff entered into a sales contract to purchase 113,266,166 won each price (hereinafter “instant sales contract”) with MND (hereinafter “NND”) and MND to sell 3 floors underground and 3 floors above the ground 3 floors above the 63th floor and neighborhood living facilities (hereinafter “instant commercial building”) in Suwon-si and 6 lots of land, which were newly built and sold by MND as an executor (hereinafter “instant sales contract”).

B. On March 2, 2004, the Defendant concluded a real estate security trust contract for the instant commercial buildings (hereinafter “instant security trust contract”) with financial institutions, such as Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), the beneficiary as MND, and the trustee as the Defendant.

And on December 20, 2005, MND completed the registration of ownership transfer for the commercial buildings of this case by store, and completed the registration of ownership transfer based on the trust to the defendant.

C. On March 26, 2004, the Defendant concluded a business agreement to deposit all the revenue related to the intended business, such as the principal of the loan, sales loan, or sales loan, into the account opened in the name of the Defendant for the management of funds related to the new commercial building construction project (hereinafter “instant project”), and the Defendant’s business affairs (hereinafter “instant business agreement”). The Defendant concluded a business agreement to deposit all the revenue related to the intended business, including the principal of the loan, sales loan, or sales loan, into the account opened in the name of the Defendant (hereinafter “instant business agreement”).