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(영문) 창원지방법원 2013.07.25 2012가합2088
손해배상(기)
Text

1. The Defendant’s KRW 153,849,980 for the Plaintiff and 5% per annum from April 19, 2012 to July 25, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a member of the E-building reconstruction association of the E-building (hereinafter “the instant association”) organized to reconstruct shopping districts located in Sung-gu C and D in Changwon-si. The Defendant is the representative director of the F Co., Ltd. (hereinafter “F”) who entered into the said rebuilding project contract with the instant association.

(hereinafter referred to as the “instant reconstruction works”) B.

On August 29, 2008, members of the instant association were loaned KRW 6 billion from Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”) to cover expenses incurred in the instant reconstruction project.

C. The F completed the instant reconstruction project on January 1, 2009 and completed the E building, and on August 17, 2009, the registration of ownership was completed in the name of each of the members of the instant association with respect to each of the stores in the E building. On the same day, each of the members of the instant association held their own shares in the KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”), and on November 2009, the members of the instant association provided a collateral trust to the KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”), and submitted the first priority certificate of real estate collateral trust to the GB Bank.

On August 14, 2009, the Plaintiff drafted the following agreements with a notary public, a certified document No. 1210, No. 1210, 2009, as follows: (a) 1/10 shares in the E-building underground floor and 201 shares in the E-building underground floor (hereinafter the above underground floor No. 101 and 201 shares); (b) 1/201 shares in the E-building underground floor and the Defendant.

(hereinafter referred to as the "Agreement of this case"). A (1. 1. 1. 1. (1/10 shares) and B (Defendant) acquire all rights, such as ownership, etc. of shares in A (1/10) and 201.

2. The transferee is responsible for all legal parts of the above commercial building, including initial loans and subsequent financial loans-related expenses.

E. On January 15, 2010, Gyeongnam Bank applied for a public auction on 14 stores out of 21 EB real estate 21 stores entrusted to KB real estate trust on account of the unpaid collection of the principal and interest of loans to the members of the instant association.

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