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(영문) 서울중앙지방법원 2019.02.20 2015가합559795

손해배상(건)

Text

1. Defendant B Co., Ltd. shall list each of the Plaintiffs listed in the attached Table 1 Plaintiff’s Schedule by annexed Table 2.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the instant apartment complex D at the time of leisure. (hereinafter “instant apartment”).

(2) The Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a management-type land trust contract (hereinafter “instant trust contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) and the Intervenor joining the Defendant (hereinafter “ Intervenor”) and acquired the site of the instant apartment from Defendant B, the truster, and the Intervenor is a new construction contractor for the instant apartment.

B. On April 7, 2011, Defendant A entered into and terminated the instant trust agreement. Defendant B and the Intervenor entrusted the instant apartment site to Defendant B, and Defendant B constructed the instant apartment site, and Defendant A entered into the instant trust agreement with the purport to sell the instant apartment. 2) Article 18 of the apartment supply contract entered into with the buyer of the instant apartment in accordance with the instant trust agreement (hereinafter “instant sales contract”) with Defendant A, along with the buyer of the instant apartment pursuant to the instant trust agreement, pursuant to Article 18 of the instant sales contract (hereinafter “instant sales contract”). The buyer is aware that the instant sales contract was a management-type land trust project conducted pursuant to the instant trust agreement concluded on April 7, 201 between Defendant A, Defendant B, and the Intervenor.

In addition, where the trust contract is terminated at the request of the priority beneficiary under the trust contract, the status of the seller shall be changed automatically to the defendant B or to the third party designated by the priority beneficiary under the trust contract, the truster, and the purchaser shall not raise an objection against the defendant A and the defendant B on the ground that the purchaser consented thereto and the notification is not reached.

② Defendant A under the instant trust agreement.