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(영문) 광주지방법원 2018.04.05 2016가합56702
손해배상(기)
Text

1.(a)

Plaintiff

A, (1) Defendant D and E jointly share KRW 46,00,000,000, as well as Defendant D from March 22, 2014.

Reasons

1. Basic facts

A. The status and relationship between the parties (1) Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that newly constructs and sells Jtel (hereinafter “instant officetel”) on the land outside Gwangju Seo-gu and four lots of land (hereinafter “instant site”). Defendant D is the representative director of Defendant D.

(2) Defendant F is a person who runs real estate brokerage business under the trade name called “L Licensed Real Estate Agent Office” in Seo-gu, Seo-gu, Gwangju, Gwangju, and Defendant H is a person registered as a brokerage assistant belonging to the said office from July 15, 2008 to June 15, 2016.

(3) The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has entered into a mutual aid agreement with Defendant F and Mutual Aid Agreement (hereinafter “instant mutual aid agreement”) with the effect that, in performing real estate brokerage activities under the Licensed Real Estate Agent Act, Defendant F and Mutual Aid Agreement (hereinafter “Defendant Association”) ensure that the parties to a transaction are liable to compensate for any damage to property by intention or negligence within the scope of the amount of mutual aid subscription (100,00

(4) Plaintiff B is Defendant H’s friendly birth, and Plaintiff C is the seat of Defendant H, and Plaintiff A is the job partner of Plaintiff B.

B. (1) On March 23, 2012, Defendant D entered into a business agreement with the International Asset Trust Co., Ltd. (hereinafter “trustee”) and an agent agreement with the instant officetel (hereinafter “instant business agreement”) regarding the new construction and sale of the instant officetel, while running the business of selling the instant officetel on March 23, 2012.

(2) On March 23, 2012, Defendant D entered into a trust agreement with a trustee under the instant business agreement (hereinafter “instant trust agreement”). On the same day, Defendant D completed the registration of ownership transfer for the instant project site due to trust on the trustee’s date, and on the trust ledger.

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