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(영문) 서울중앙지방법원 2012.01.18 2011가합431
손해배상(기)
Text

1. Defendant Democratic Industry Development Co., Ltd. shall each be against the Plaintiffs listed in attached Forms 1 through 19, and 21 of the list of Plaintiffs.

Reasons

1. Basic facts

A. The Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) was entrusted with cultural broadcasting and carried out the new construction of D Building, an aggregate building for business, sales, neighborhood life, and sports facilities, which is an aggregate building (the name on the registry shall be “E-related facilities”; hereinafter “instant building”). Defendant Democratic Industry Development Co., Ltd. (hereinafter “Defendant Democratic Industry Development”) (hereinafter “Defendant Democratic Industry Development”), around December 28, 2006 when the said construction was underway, around December 28, 2006 when the said construction was in progress, purchased the commercial facilities from the lender, such as Seoul Asset Management Co., Ltd. to the 1st to the 3rd above ground level (hereinafter “instant commercial buildings”) among the above buildings and acquired the right to sell them.

B. On January 8, 2007, Defendant Democratic Industry Development entered into an agency contract on the management of funds such as sales revenue, etc. with Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Real Estate Trust”), Seoul Asset Management Co., Ltd., which is a financial institution. On September 20, 2007, around September 20, 2007, Defendant KB Real Estate Trust, and each section of exclusive ownership and site ownership of the instant commercial building.

C. In addition, among the stores located on the second floor of the instant commercial building, the Defendant’s Democratic Industry Development delegated the sales affairs as to Nos. 2106 through 2109 to the Defendant Hong-Ga Co., Ltd. (hereinafter “Defendant Hong-Ga”), and delegated the sales affairs as to Nos. 2153 through 2157 to the Defendant Mine P&C Co., Ltd. (hereinafter “Defendant Mine P&C”), respectively.

On the other hand, after approval for the use of the building of this case was granted on August 20, 2007, registration for the preservation of ownership in the name of Korea Land Trust Co., Ltd. was completed on October 12, 2007 with respect to the section for exclusive use in the building of this case including the commercial building of this case, and on October 23, 2007.

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