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(영문) 인천지방법원 2017.04.19 2016가단217160

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Under D’s proposal, the Korea Land and Housing Corporation has to carry out a project to build and sell a commercial building on the ground after acquiring the land within the housing site development zone from the Korea Land and Housing Corporation in lots (hereinafter “instant project”), and 25 members of the Korea Land and Housing Corporation have invested a total of 50 units (10 million won per unit) and set up KRW 50 million business funds.

On October 27, 2011, the Plaintiff Company A (hereinafter “A”) was established to carry out the instant project on November 29, 201 (hereinafter “D”) and A succeeded to the status of the buyer under the said sales contract, by selling in lots the area of 1247.6 square meters in Suwon-si E, Suwon-si (hereinafter “instant land”). On November 29, 201, the Plaintiff Company A (hereinafter “A”) was established to carry out the instant project (hereinafter “A”) and A succeeded to the status of the buyer under the said sales contract.

D A. On April 1, 2013, the Defendant Company and Plaintiff Company established the Defendant Company and took office as the representative director. The Defendant Company and Plaintiff concluded a contract on sales agency for the instant commercial buildings to be constructed on the ground of the instant land (hereinafter “instant commercial buildings”) on April 3, 2013, and ② on April 19, 2013, the Defendant Company entered into a business agreement with each of the content that the instant commercial buildings will act on behalf of the Defendant Company and be paid an amount equivalent to 40% of agency fees and sales revenue.

Plaintiff

A around October 2013, around 2013, entered into a contract for construction works of the instant commercial building with G Co., Ltd. (hereinafter referred to as “G”).

Plaintiff

On December 4, 2013, A and the Plaintiff Luxembourg Trust Co., Ltd. (hereinafter referred to as the “Ummunty Trust”) concluded a business agreement and a fund management agency agreement with a loan financial institution as the Plaintiff Rose of Sharon Trust, and a trust real estate as the land in this case. The Plaintiff Rose of Sharon Trust under the above contract entered into a business agreement and fund management agency agreement with a loan financial institution (hereinafter referred to as the “UF Bank”) and a trust with a trust real estate as the land in this case. The said contract is a building registered for sale of the entire project site and for preservation after new construction