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(영문) 서울중앙지방법원 2016.08.16 2015가합535089

손해배상(기)

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a sales contract between the Defendant and the Sung Industrial Development Co., Ltd. (hereinafter “B”) on September 5, 2002.

From Gangnam-gu Seoul and three parcels, building 5 underground and 10 stories above ground (hereinafter “instant building”).

The real estate listed in the separate sheet (hereinafter referred to as “instant store”) among the real estate listed in the separate sheet.

On November 29, 2002, B purchased the instant store, and completed the registration of ownership transfer based on the said sale. (2) B was declared bankrupt on September 14, 2007 by the Seoul Central District Court No. 2007Hau55, while the instant building was in progress.

Accordingly, the remaining 391 unit unsold in lots except the 127 unit unit, which was partially sold among the 127 unit stores, among the 518 unit stores (hereinafter referred to as "one unit") from the 2nd to the 3rd above ground of the building in this case, remains as owned by the bankruptcy estate in B, and some of the above-sale stores were in fact closed due to business difficulties.

3) Sung Industrial Development Co., Ltd. (hereinafter “Ssung Industrial Development”)

() From around 2013, the company performed the business of purchasing sectional ownership of the relevant part while promoting the development project for the part of the 127 unit of the instant building, which was partially sold. Accordingly, when entering into a sales contract for the instant store with the Defendant on October 28, 2013, the company Sung Industrial Development and L&SD Co., Ltd. entered into the sales contract for the instant store, the remainder shall be paid after the conclusion of the sales contract for the respective 127 unit of the building; however, if the development of the 127 unit of the instant building was not purchased or is not paid any balance, the Defendant may rescind the contract; and the Defendant is a Korea Trust Korea Co., Ltd. (hereinafter referred to as the “Korea Trust”).

A) Along with the instant store, I agreed to conclude a real estate disposal trust contract with respect to the instant store. (4) At that time, ISD Co., Ltd. and UNED.