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(영문) 광주지방법원 2017.08.08 2016가단24647
손해배상(기)
Text

1. The Plaintiff:

A. From February 27, 2014, Defendant AWn City Development Co., Ltd.: KRW 46,000,000 and its therefrom.

Reasons

1. Basic facts

A. Defendant L&A Development Co., Ltd. (hereinafter “Defendant L&A”) as the parties to the dispute is a company that newly constructs and sells an officetel of 482 households E on the land outside Seo-gu in Gwangju, Seo-gu and four lots (hereinafter “instant project site”). Defendant C is a person who was sold Etel from Defendant L&A development to the Plaintiff. Defendant B is a person who is operating real estate brokerage business in the name of “G Licensed Real Estate Agents” from Seo-gu in Gwangju, and Defendant Korea Licensed Real Estate Agents Association (hereinafter “Defendant Association”) concluded a mutual aid agreement between Defendant B and the parties to the transaction with the content that the liability for damages incurred to the parties due to intentional or negligent conduct of real estate brokerage as stipulated in the Licensed Real Estate Agents Act shall be guaranteed within the limit of the subscription amount (hereinafter “instant mutual aid agreement”).

B. On March 23, 2012, Defendant AWn City Development (i) carried out the instant business of selling officetels units and (ii) concluding trust contracts, etc., Defendant AWn City Development (hereinafter “AWn City Development”) with the International Trust Co., Ltd. (hereinafter “AWn City”) while carrying out the business of selling office officetelss built on the instant project site by the Maritime Construction Co., Ltd. and AWn City Construction Co., Ltd., Ltd. and AWn City Construction Co., Ltd.,

) The instant business agreement and agency business agreement with respect to the instant project for the new construction and sale of officetels (hereinafter “instant business agreement”).

(2) On March 23, 2012, Defendant AWn City Development entered into a trust agreement with a trustee under the instant business agreement (hereinafter “instant trust agreement”). On the same day, the trustee completed the registration of ownership transfer based on the trust with respect to the instant project site, and the content of the instant trust agreement was publicly announced in the trust ledger.

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