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(영문) 창원지방법원진주지원 2014.06.18 2012가합2555
손해배상(기) 등
Text

1. Defendant J and K Co., Ltd.: KRW 50,000,000 for each of the plaintiffs A and E, respectively, and KRW 100,000,00 for each of the plaintiffs B, C, and D.

Reasons

1. Basic facts

A. The party status 1) Defendant F Co., Ltd. (hereinafter “Defendant F”)

(2) Defendant J Co., Ltd. (hereinafter “Defendant J”) is a legal entity that is engaged in the business services of a reconstruction association, etc., Defendant G is the representative director of Defendant F, Defendant H is the former representative director of Defendant F, and Defendant F’s employee of Defendant H as the students of Defendant G. (2) Defendant J Co., Ltd. (hereinafter “Defendant J”) is a legal entity that is engaged in the sales agency business, etc., and Defendant K is the representative director of Defendant J, Defendant L, and Defendant J’s employees.

3) The Plaintiffs are the P land in the Jinju-si (hereinafter “instant land”).

) Q apartment constructed in Q apartment (hereinafter “instant apartment”).

B) The lessee who entered into a lease contract with Defendant J as to each of the above households. (B) Defendant F entered into a trust agreement with Defendant F and Defendant J on the trust-type land by designating the truster F, trustee property trust, and trust contract for the said land as the truster F, trustee property trust, and trust-type land company with the trust-type land to carry out the business of newly constructing and selling the instant apartment on the said land by entrusting the instant land to the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

2) On May 6, 2011, Defendant F had 134 households among the instant apartment units with Defendant J (hereinafter “the instant apartment units”).

2) As to the sales agency service contract under the condition of collective purchase (hereinafter referred to as the “sale agency service contract under the condition of collective purchase”) as follows:

Article 2 (Sale Price and Time) ① Defendant F and Defendant J shall determine the sale price of KRW 33,393,287,400, the total sale price of which is the amount of KRW 50,595,890,000 at the discount of KRW 34% (excluding value-added tax; the time for payment of KRW 1,00,000,000 for contract deposit shall be paid on May 6, 201; and Defendant F shall be a financial institution designated by Defendant J. Ha to sell the sale price until May 18, 201.

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