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(영문) 서울중앙지방법원 2017.02.23 2015가단210116
계약파기에 따른 손해배상
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged by considering Gap evidence 1 to 16 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 to 9, and the whole purport of the arguments as a result of the inquiry and reply of the fact to the extent that this Court is permissible.

(1) The status of the parties (1) The Construction Co., Ltd. (hereinafter referred to as the “Defendant Treatment Construction”) is a construction project of constructing a main complex apartment (hereinafter referred to as the “instant project”) in Yongsan-si as a company engaging in a housing project, civil engineering project, or construction project, and the Defendant International Asset Trust Co., Ltd. (hereinafter referred to as the “Defendant International Asset Trust”) is a company that becomes the owner of the instant project as a person who engages in a business, such as sale, management, and trust.

(2) On December 13, 2010, the Plaintiff entered into a sales contract with the Defendants with respect to D apartment units Nos. 101 and 1105 (hereinafter “instant apartment units”) on the surface of 16, non-city C and 16, which were constructed according to the instant project. The Plaintiff’s assistant is the Plaintiff’s spouse.

B. (1) On July 30, 2008, the Defendants concluded a management-type land trust business agreement and a land trust agreement with the K&M Co., Ltd. (hereinafter “K&M”) and the Escenent Escent Co., Ltd. (hereinafter “Escent”), and entered into a management-type land trust agreement and a “management-type land trust agreement” with the Defendant as a truster.

(2) Article 4(2)(d) of the instant Trust Contract (Management-type Land Trust Business Agreement)

Based on the paragraph, all of the sale-related work (including the sale-related contract and the contractor management work).

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