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(영문) 서울중앙지방법원 2017.04.05 2015가합18744
손해배상(기) 등
Text

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

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

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the collective building indicated in the attached Table 2’s attached property indication (hereinafter “instant commercial building”).

2) Defendant A is the implementer who constructed and sold the instant commercial building, and Defendant A is the representative director of Defendant A.

3) Defendant C is a company entrusted with the management of the instant commercial building by Defendant A, and Defendant D is an internal director of Defendant C. 4) The Defendant Korea Land Trust concluded a real estate security trust agreement with Defendant A, and the trustee company that completed the registration of ownership transfer with respect to unsold households among the instant commercial buildings.

5) The instant commercial building is registered by dividing it into a total of 933 stores. The instant commercial building is registered by the Defendant Korea Land Trust, the buyers including the Plaintiffs, and the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”).

3) The Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”)

(2) Defendant A divided ownership of the commercial building of this case, and the section for exclusive use is about 45%, approximately 32% for buyers, approximately 23% for the Promotion Savings Bank and the Gyeonggi Savings Bank, and about 0.13% for Defendant A. (b) Defendant A entered into a sales contract and trust contract for the commercial building of this case from May 2003 to the buyer who transferred the ownership of each commercial building to the Plaintiffs or the Plaintiffs, and each sales contract for the commercial building of this case in the column of “ownership shares (location)” as stated in the Plaintiffs’ list as indicated in attached Table 1 (hereinafter “each sales contract of this case”). From the date of the conclusion of each sales contract of this case to the opening point of the commercial building of this case, Defendant A entered into an additional agreement (hereinafter “the instant additional agreement”).

2. The Plaintiffs pay the sales price and development cost under each of the instant sales contracts and the instant additional agreements to Defendant A, and from July 2005 to September 2005.

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