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(영문) 춘천지방법원원주지원 2017.11.09 2017가합5620
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 7, 2011, Plaintiff A entered into a sales contract on the instant apartment in the name of Plaintiff A on December 15, 201 and each real estate listed in the separate sheet No. 1 and the separate sheet No. 2 (hereinafter “instant apartment”). The Plaintiff completed the registration of ownership transfer with respect to the instant apartment on December 15, 201.

In addition, on March 7, 2013, Plaintiff B entered into a sales contract with Plaintiff A for each real estate listed in the separate sheet No. 2, and completed the registration of ownership transfer in the name of Plaintiff B for each real estate listed in the separate sheet No. 2 on March 19, 2013.

B. On April 23, 2014, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a trust agreement with the Plaintiff on each real estate listed in the separate sheet No. 1 (the beneficiary is Plaintiff A) and completed the registration of ownership transfer on each real estate listed in the separate sheet No. 1 for that reason on April 28, 2014. On May 13, 2014, it entered into a trust agreement with Plaintiff B on each real estate listed in the separate sheet No. 2 that was owned by Plaintiff B (the beneficiary is Plaintiff B), and on the same day, completed the registration of ownership transfer on each real estate listed in the separate sheet No. 2.

Each of the above trust deeds is concluded in order for the truster and beneficiary to manage the trusted real estate after completion of remodeling works and completion. The trust deed provides that the beneficiary shall pay to the beneficiary the balance calculated by deducting taxes, public charges, repair charges, management personnel expenses, and all other expenses incurred in handling the affairs from the proceeds from the lease or disposal of the trust property.

C. On May 8, 2014, the Plaintiffs and Defendant C drafted a detailed implementation plan and agreement with regard to each of the above trust contracts. Of them, the content of the instant apartment is to complete the remodeling project and approval for use by the end of July, 2014, and the instant apartment site owner.

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