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(영문) 광주지방법원 2017.01.19 2016가단514317
손해배상(기)
Text

1. The Plaintiff:

A. From December 14, 2015, Defendant AWn City Development Co., Ltd.: KRW 46,000,000 and its amount.

Reasons

1. Basic facts

A. On March 23, 2012, Defendant AWn City Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into an international trust trust agreement with an international trust company (hereinafter “trust company”) in the course of carrying out the business of selling office officetels built on the land of Gwangju-gu, Seo-gu, and four parcels, which is owned by the Jeju-gu Construction Co., Ltd. (hereinafter “YA”) and ASAD Construction Co., Ltd. (hereinafter “Defendant Co., Ltd.).

(hereinafter referred to as “instant trust agreement”). The main content is that a trust company manages the ownership of an officetel’s business site, and if an officetel is newly constructed and registered for preservation in the future, an officetel’s ownership is also managed by the trust company. Only the trust company has the authority to sell an officetel and the sales price shall be deposited into the management account opened by the trust company, and no sales contract without the seal of the trust company shall take effect.

B. On March 23, 2012, a trust company completed the registration procedure for transfer of ownership based on the trust regarding the entire project site of an officetel, and the Defendant Company completed the registration for transfer of ownership of the Etel 1127 (hereinafter “instant officetel”) as completed on November 5, 2013, and later on May 28, 2015 in the name of the trust company for the instant officetel.

4. 14. 14. The procedures for the registration of ownership transfer based on the trust were implemented.

C. On October 12, 2015, the Plaintiff reported that Defendant C, a practicing licensed real estate agent, sold officetels to the F press, and entered into a sales contract on Etel No. 827 that the said Defendant was sold, and transferred KRW 46,00,000,000 on the same day to the said Defendant’s agricultural account, including KRW 30,000,000 on the same day, and KRW 16,00,000,000 on the following day.

Defendant C, later, on December 14, 2015, is higher than that of the instant 827 officetels to the Plaintiff.

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