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(영문) 광주지방법원 2018.08.16 2018가합50333
손해배상(기)
Text

1.(a)

Defendant F shall be KRW 30,220,80 to Plaintiff A, KRW 30,220,80 to Plaintiff B, KRW 34,100,00 to Plaintiff C, and KRW 34,00 to Plaintiff D.

Reasons

1. Basic facts

A. Before February 2014, J Co., Ltd. (hereinafter “I”) entered into a sale management trust agreement, business agreement, and agency contract with respect to Htel (hereinafter “K”) and Htel to be constructed on the ground of the area of no more than 1586m2 (hereinafter “instant land”) in Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”), K manages the sale price, and the sale price shall be collected by K only from the sales revenue management account designated by K. The sale contract expressly specifies the sale revenue management account and recognizes the sale price as only the amount deposited into the designated sales revenue management account. After completing the registration of ownership transfer in the name of K, K will complete the registration of ownership transfer in the name of the buyer in full payment with the sale revenue management account, and K entered into a business agreement and agency agreement (hereinafter “instant business agreement”).

(2) On February 13, 2014, I concluded a trust agreement with K for sale management (hereinafter “instant trust agreement”) under the instant business agreement, and its main contents are as follows.

[The trust contract of this case] Article 3 (Registration of Transfer of Ownership and Trust) ① After entering into a trust contract, I must make the land of this case a transfer of ownership and a trust registration in the K without delay.

(2) When a building on the instant land is completed, I shall make an additional trust to K at the same time as the registration of initial ownership of the completed building after undergoing a pre-use inspection.

Article 6 (Revenues from Units) K shall use proceeds from sale in the unit sale business under the business agreement and agency business agreement.

B. On February 24, 2014, trust registration I for the instant land completed the registration of ownership transfer based on trust with K on the instant land.

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