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(영문) 인천지방법원 2015.01.28 2014가합53406
손해배상(기)
Text

1. As to the plaintiff 181,187,380 won and 58,885,90 won among them, defendant Jin-Distribution Co., Ltd.

Reasons

1. Basic facts

A. Defendant Jinjin Distribution: (a) newly constructed and sold “C” buildings (hereinafter “the shopping mall of this case”) on the Nam-gu Incheon Metropolitan City and seven lots (hereinafter “instant land”); and (b) entrusted the instant land to Defendant Korea Asset Trust on April 3, 2007.

B. On August 3, 2007, the Plaintiff sold the shopping mall No. 10 (hereinafter “instant store”) of this case to KRW 452,968,450 (hereinafter “instant sales contract”), and on the cover of the sales contract, the Plaintiff stated “Korean Asset Trust Management Number: 001299,” and the main text stated that the sales price should be deposited in the foreign exchange bank account in the name of the Defendant Asset Trust under the name of the Defendant Asset Trust.

C. On August 3, 2007, the Plaintiff paid the sales price of KRW 58,885,90 to Defendant Jinjin-Distribution. On January 10, 2008, the Plaintiff borrowed KRW 122,301,482, which is the first intermediate payment, from the former North Korea Mutual Savings Bank, and paid the intermediate payment.

Of the sale price paid by the Plaintiff, KRW 40,000,000 on January 9, 2008 and KRW 127,229,332 on January 10, 208 were transferred to the defendant Korean Asset Trust.

On January 23, 2008, prior to obtaining approval for use under the Building Act for the shopping mall of this case, registration of preservation of ownership has been completed in the future of the defendant's active distribution upon entrustment of registration of provisional seizure for the store of this case.

On March 6, 2008, Defendant Jin-Distribution entered into a real estate management trust agreement with Defendant Korea Asset Trust on the classification stores of the shopping mall of this case, including the instant store, for the first beneficiary foreign exchange bank, the second beneficiary mutual savings bank, the future mutual savings bank of the second beneficiary, the third beneficiary D, etc. (hereinafter “instant trust agreement”), and on the same day, for the shopping mall of this case, including the instant store, on the grounds of trust with Defendant Korea Asset Trust.

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