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(영문) 서울고등법원 2012.11.01 2012나22671

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The defendant's acceptance of the sale report and the plaintiffs' conclusion of the contract for sale in lots (hereinafter "the Lao City Development") purchased the real estate in this case and completed the registration of transfer of ownership in the name of the Lao City Development under the Seoul Eastern District Court No. 7295, Oct. 11, 2005, in order to promote the business (hereinafter "the instant real estate business") by remodelling and selling the business (hereinafter "the instant real estate") by combining the above sites and buildings together with JJ 693 square meters, K 50 square meters, the first floor above the ground, and five-story commercial buildings above the ground (hereinafter "the above site and buildings").

On October 11, 2005, the Lao City Development concluded an agency agreement with the Promotion Mutual Savings Bank (hereinafter referred to as the “Promotion Mutual Savings Bank”), which is a lending financial institution, on behalf of the Corporation (hereinafter referred to as the “Korea Asset Trust”) on the progress of its business, execution, financing management of the Korea Asset Trust and proxy business, etc. (hereinafter referred to as the “instant agency agreement”) and entered into a real estate security trust agreement (hereinafter referred to as the “first trust agreement”) with the Korea Asset Trust on the same day. The main contents of the agreement were as shown in the attached Form 1.

In addition, pursuant to the first trust agreement, the development of the Lao City completed the registration of transfer of ownership based on the trust as Seoul Eastern District Court No. 72996, Oct. 11, 2005 on the property of this case in accordance with the trust agreement.

In 203, the issue of the protection of the shop buyers arose due to the so-called "O fraud sale case", and on October 22, 2004, the former Act on Sale of Building Units (amended by Act No. 8635, Aug. 3, 2007; hereinafter "former Act on Sale of Building Units") was enacted and enforced from April 23, 2005. The relevant Act and subordinate statutes enacted attached Form 2 and enforced from April 23, 2005. The business of this case is to remodel the commercial building of the total floor area of 4,281.84 square meters.