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(영문) 광주지방법원 2018.02.01 2017가합57467
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from July 23, 2014 to February 1, 2018.

Reasons

1. Basic facts

A. The Party’s position-based business site facility No. 1 Gwangju, Seo-gu, and four lots of land (hereinafter “instant F Project Site”) Gtel (hereinafter “instant Gtel”) 2 Gwangju, Seo-gu (hereinafter “instant H Project Site”) hereinafter “E Company E (hereinafter “E”) is a company that implements the business of newly building and selling officetels in the project site as listed below.

(2) Defendant B is a licensed real estate agent operating a trade name of “J Licensed Real Estate Agent”, and Defendant C is a brokerage assistant working for the said licensed real estate agent office.

(3) Defendant D, as an internal director of J (the representative director is Defendant B) of Defendant J (the representative director is Defendant B), was engaged in business assisting the act of mediation of Defendant B.

B. (1) On March 23, 2012, E entered into a business agreement and an agency contract with K Co., Ltd. (former trade name: L Co., Ltd.; hereinafter “instant trust company”) on the new construction and sale of the instant Gtel.

(hereinafter “instant Gtel business agreement”). (b) On March 23, 2012, E concluded a sale management trust agreement with the instant trust company (hereinafter “instant Gtel trust agreement”) in accordance with the instant Gtel business agreement, and on the same day, completed the registration of ownership transfer based on the trust agreement with the instant trust company regarding the instant Ftel site.

(C) According to the instant Gtel business agreement and the instant Gtel trust agreement, the instant trust company manages the instant F business site upon trust of the ownership of the instant Gtel site and the instant Gtel’s ownership, and E conducts sales business, such as entering into a sales contract with the instant trust company after consultation with the instant trust company, and the instant trust company shall keep the sales contract and manage the funds.

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