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(영문) 서울중앙지방법원 2020.12.16 2018가합564637
손해배상 청구의 소
Text

The plaintiff's lawsuit against the defendant B is dismissed.

The plaintiff's defendant C, D and corporation.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is the Defendant B Co., Ltd. (hereinafter “Defendant B”).

) The Ulsan Central District F (hereinafter referred to as “instant land”) and the Ulsan Central District;

) Four apartment buildings located in G G (hereinafter “instant apartment”)

) An officetel or an urban residential housing unit (hereinafter referred to as “instant officetel”)

) Construction, sale of buildings in units, etc. (hereinafter “instant project”)

(2) Defendant B is a trustee who has concluded a land trust contract with the Plaintiff for the construction and sale of the instant apartment buildings, officetels, etc., and who has sold the instant apartment buildings, officetels, etc.

3) Defendant C Co., Ltd (mutually changed from H to July 22, 2011, and as of January 2, 2018, respectively.

hereinafter “Defendant C”

(4) Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E Co., Ltd. (hereinafter “Defendant E”) concluded a construction contract with Defendant B on the instant apartment, officetel, etc. (hereinafter “instant construction”) and newly built the instant apartment, officetel, etc., after concluding a design service contract with the Plaintiff for the instant apartment, officetel, etc.

B. On February 10, 2012, the Plaintiff and Defendant B, as well as the truster and beneficiary on February 10, 2012, are the Plaintiff, and the trustee are the Defendant B, and the sale-type land trust contract related to the instant project (hereinafter “instant trust contract”).

(1) The land trust business agreement with Defendant D, E on the instant project (hereinafter referred to as the “instant business agreement”).

Article 1 (Trust Purpose) (1) of the Land Trust Contract for Sale-type Sale-type Land (hereinafter “Land”).

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