logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2017.12.01 2016가합101483
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the management body consisting of the sectional owners of the Gu T and U-B shop (hereinafter “instant commercial building”) during Gyeyang-si, and the remaining Defendants except the Defendant management body are the sectional owners of the said commercial building.

The plaintiff is a company engaged in real estate development business, real estate sales agency business, etc.

B. 1) Defendant management body’s reconstruction project for the instant commercial building (hereinafter “instant project”) through a general meeting of shareholders on February 28, 2012, following the conclusion and termination of the contract on the execution of commercial rebuilding execution.

(2) On March 12, 2012, the Plaintiff and the Plaintiff entered into a contract for the implementation of the reconstruction project on December 21, 2012, the said contract for the implementation of the reconstruction project was terminated on December 21, 2012. On January 16, 2013, the Plaintiff entered into a written confirmation confirming “the termination of the contract, the service performance, the fact that the Defendant is in the Defendant management body and the new execution agent, the fact that the Plaintiff is acting for the sale of buildings,” with the content that “the contract is terminated, the service performance, and the fact that the Plaintiff is acting for the sale of buildings.”

C. On October 29, 2014, Defendant management body concluded a loan of funds and a sales agency contract. On October 29, 2014, Defendant management body selected the Plaintiff as a financial advisory director, and decided as the contractor and finally finalized the PF loan, which is a management-type land trust to an international asset trust company.

However, there was a provision related to the deposit of conditional trading agreements among the terms and conditions of the withdrawal prior to the above loan, and there was an urgent situation where the execution of the loan can be cancelled due to the lack of 110,365,00 won due to unavoidable circumstances. Thus, the request for cooperation in financing until November 14, 2014.

On November 24, 2014, the Defendant Management Body sent documents to the Plaintiff, and borrowed money equivalent to the above money from the Plaintiff. (2) The Defendant Management Body, around November 2014, shall sell and publicize the instant building to the Plaintiff.

arrow