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(영문) 광주지방법원 2018.10.25 2018가합54236

손해배상(기)

Text

1. Defendant I: (a) 51,00,000 won to Plaintiff A; (b) 26,50,000 won to Plaintiff B; (c) 27,000,000 won to Plaintiff C; and (d) 112.

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 the Jtel to be constructed on the ground of the changed international trust company (a mutual asset trust company; hereinafter “international asset trust company”) and the land of the Seo-gu, Seo-gu, Seo-gu and four lots (hereinafter “instant land”). On March 23, 2012, the seller of the K-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”) entered into a sales contract as an executor company’s agent’s trust and affixed the international asset trust as a trust company, and the sales revenue shall be collected only in the account of the international asset trust, and the sales contract without the seal of the international asset trust will become null and 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 “J-sale guidance” prepared at the time of initial sale of Jtels shall be deposited into an account in the name of an international asset trust.