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(영문) 광주지방법원 2018.10.25 2018가합52506

손해배상(기)

Text

1. Defendant S shall be KRW 22,00,000 to Plaintiff A, KRW 70,50,000 to Plaintiff B, KRW 22,00,000 to Plaintiff C, and KRW 50 to Plaintiff D.

Reasons

1. Basic facts

A. On March 23, 2012, the International Trust Co., Ltd. (hereinafter “N&D City Development”) concluded a business agreement and an agency contract (hereinafter “instant business agreement”) with respect to Ttel to be constructed on the ground of the changed international trust company (a mutual asset trust company; hereinafter “international asset trust company”) and the Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant land”) on March 23, 2012, the seller entered the sales contract into an international asset trust as an agent company, signed and sealed the international asset trust as an agent company, and the sales proceeds are collected only in the fund management account of international asset trust, and the sales contract without the seal of the international asset trust is void.

(2) On March 23, 2012, the ground-based development concluded an international asset trust and a sales management trust agreement (hereinafter “instant trust agreement”) pursuant to the instant business agreement, and its main contents are as follows.

[Judgment of the court below] Article 3 (Transfer of Ownership and Registration of Trust) (1) of the Trust Contract of this case (Registration of Transfer of Ownership and Registration of Trust) of the Land of this case must be completed without delay 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 from the account for management of revenues from sale in accordance with the business agreement and the agency business agreement for sale in lots.

(3) A notice of “T sales guidance” prepared by a n&D city development for the first sale of Ttels must be deposited into an account in the name of an international asset trust.