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(영문) 서울중앙지방법원 2015.09.01 2014가단123376
손해배상(기)
Text

1. Defendant Asian Trust Co., Ltd. and L&W E&D Co., Ltd. are shares of the rehabilitation debtor, East Asian Construction Industry.

Reasons

1. Each of the facts under the basis of facts below shall be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the arguments in the entries in Gap 1, 2, 3, 4, 17-1, 17-2, 18, and 19.

A. Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) is a trustee and seller who was entrusted with management-type trust business by Defendant L&AS Co., Ltd. (hereinafter “Defendant L&S”), and the rehabilitation obligor, East Asian Construction Industry Co., Ltd. (hereinafter “Dong Construction”) is a Si Corporation, and Defendant L&S is a truster to Defendant Asian Trust, and it was performing the construction and sale of the apartment apartment “E” on the ground of Yongsan-gu Seoul Metropolitan Government D’s ground (hereinafter “instant apartment”).

B. On November 26, 2010, Nonparty F entered into a contract for the supply of the instant apartment (hereinafter “instant sales contract”) with Defendant Asia Trust, East Asian Construction, and Defendant L&C 1904, under which Nonparty F purchased the instant apartment Nos. 103 1904 (hereinafter “instant apartment sales contract”).

C. On February 15, 2014, the Plaintiffs entered into a sales contract for the instant apartment Nos. 103 and 1904 (hereinafter “instant sales contract”) with F, and the parties succeeding to F status under the instant sales contract.

In the process of construction and occupancy of the apartment of this case, there was a dispute between the buyer and the contractor and the contractor and the contractor, and the buyer concluded an agreement with the committee for the emergency countermeasures against prospective occupants (hereinafter referred to as “non-Subrogation”). The non-Subrogation concluded an agreement with the Defendant L&Dr on January 17, 2014 that the amount of the part payments loan and the amount to be paid by the buyer should be reduced by 50% of the amount to be paid by the buyer only to the households located within the designated period for the occupancy (hereinafter “instant agreement”).

E. Defendant F&D’s transfer to F prior to the occupancy of F in the instant sales contract.

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