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(영문) 광주지방법원 2019.04.05 2018나4297
손해배상(기)
Text

1. All appeals filed by the Plaintiff and Defendant C are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. Defendant C and E are licensed real estate agents engaging in real estate brokerage business under the trade name of “D”, and E Co., Ltd. (hereinafter “E”) is a company that newly constructs and sells 482 Gtel on the land of the Seo-gu, Seo-gu, Gwangju and four lots of land.

B. A business of constructing and selling Gtel 1) E on March 23, 2012 (former trade name: H Co., Ltd.; hereinafter “instant trust company”).

B) On March 23, 2012, and April 14, 2015, E entered into a sales management trust agreement with the instant trust company (hereinafter “instant trust agreement”) in accordance with the instant business agreement. On April 14, 2015, the instant trust company completed the registration of ownership transfer on the ground of trust with respect to the said Gtel.

3) According to the above business agreement and the trust agreement of this case, the trust company of this case manages the ownership of G site and the ownership of Gtel, and E carries out sales business, such as entering into a sales contract, after consultation with the trust company of this case. The trust company of this case takes charge of storage of sales contract, opening of funds management account, receipt and management of the sales price, and the sales revenue shall be collected only into the agricultural bank account in the name of the trust company of this case, which is the sales revenue management account designated by the trust company of this case. The sales contract of this case recognizes only the amount deposited in the designated sales revenue management account, stating the above sales revenue management account, and the sales contract of this case does not have the seal affixed to the trust company of this case. The trust company of this case completed the registration of ownership transfer to the buyer who paid the sale price in full with the above sales revenue management account, and the trust company of this case completed the registration of ownership transfer to the plaintiff around December 4, 2015.

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