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(영문) 서울고등법원 2015.08.21 2014나34821

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2.A claim for return of unjust enrichment by subrogation added at the trial; and

Reasons

1. Basic facts

A. On June 25, 2004, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entered into a land trust agreement with BE Co., Ltd., a sale-type land trust agreement and carried out construction of the “BG” building, which is an aggregate building for business sales, neighborhood life and sports facilities, on the land of Goyang-dong, Busan-gu.

Defendant Democratic Industry Development Co., Ltd. (hereinafter “Defendant Democratic Industry Development”) was changed from December 28, 2006 to Jinjin Asset Management Co., Ltd. (Seoul Asset Management Co., Ltd.) around December 28, 2006 when the said construction was in progress.

In order to raise the project financing (PF) funds from the lender, the commercial facilities from the above "BG" building from the above "BG" building to the third floor above the ground (hereinafter "the building of this case") were purchased in a lump sum and acquired the right to sell the building.

B. On January 8, 2007, Defendant Democratic Industry Development entered into an agency contract on fund management such as sales revenue, etc. with Defendant KB real estate trust company (hereinafter “Defendant KB real estate trust”), Seoul Asset Management Company, a financial institution, etc., and entered into a real estate security trust agreement on September 20, 2007 with respect to each section of exclusive ownership of the instant building and the site ownership of the instant building (hereinafter “instant trust agreement”).

C. Defendant Democratic Industry Development: (a) around July 2007, with respect to the part of “A” (attached Form 3) designated as a sales facility among the stores located on the second floor of the instant building (attached Table 2165 through 2173) (the nine rooms in subparagraphs 2165 through 2173); and (b) around August 10, 207, with respect to the part “B” (attached Form 3) designated for the use of cosmetic and the outer mb among the stores located on the second floor of the instant building (attached Table 3) (the five rooms in subparagraphs 2153 through 2157) (the five rooms in subparagraphs 2153 through 2157).