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(영문) 광주지방법원 2017.01.19 2016가단512083

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2012, D Co., Ltd. (hereinafter “Executor”) entered into an international trust company (hereinafter “trust company”) and a sale management trust agreement with an international trust company (hereinafter “trust company”) while carrying out the business of selling a Ftel built on the Seo-gu, Seo-gu, Gwangju, where the Maritime Comprehensive Construction Co., Ltd. and the ASEAN Construction Co., Ltd. owns the company and the ASEAN Construction Co., Ltd., Ltd., and the business of selling a Ftel built on the land of four parcels.

(hereinafter referred to as “instant trust agreement”). The main content is that a trust company manages the ownership of an officetel’s business site, and if an officetel is newly constructed and registered for preservation in the future, an officetel’s ownership is also managed by the trust company. Only the trust company has the authority to sell an officetel and the sales price shall be deposited into the management account opened by the trust company, and no sales contract without the seal of the trust company shall take effect.

B. On March 23, 2012, the trust company completed the registration procedure for transfer of ownership based on the trust on the entire project site of the officetel, and the executor completed the registration of transfer of ownership on the Ftel 731 and 930 as completed on November 27, 2015 (hereinafter each “office 00”). On the same day, the trust company implemented the registration procedure for transfer of ownership based on the trust in the name of the trust company with respect to each of the above officetels.

C. Around June 2015, Defendant C, as a practicing licensed real estate agent, posted a brokerage advertisement on the instant officetels No. 930 at the G Press. Accordingly, the Plaintiff’s statement that the office of the company would be able to contact the Defendant C with the Plaintiff and live in the office of the company. On June 30, 2015, Defendant C drafted a sales contract to purchase the instant officetels No. 930 at KRW 48,00,000, with the Plaintiff’s employees present. The sales contract form is different from the sale contract form stipulated in the instant trust agreement.