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(영문) 대전지방법원천안지원 2016.04.22 2015가합101675
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (1) Defendant Lowst Director Co., Ltd. (hereinafter “Defendant Lowst Director”) concluded a management trust agreement with Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) with respect to neighborhood living facilities (hereinafter “instant commercial buildings”) which are the three-story buildings in the Seo-gu K complex in Seoan-gu, Seoan-gu, Seoan City.

(2) The instant commercial building was commenced on August 8, 2012 and was approved for use on December 26, 2014.

(3) On March 27, 2014, registration of preservation of ownership was made in the name of M&A and on May 12, 2014, N ownership transfer was made on the following grounds: (a) the area of the instant parking lot was allotted by the authorities in recompense-si, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant parking lot site”) which is located immediately adjacent to the instant commercial site; (b) the area was allotted by the authorities in recompense-gu according to an urban development project.

(4) On June 26, 2014, a building permit which permits the construction of a parking lot with a total floor area of 1,607.23 square meters and neighborhood living facilities was concluded on August 12, 2014, and the construction was commenced and completed on August 12, 2014, and on December 31, 2014, approval for use of the building was completed (hereinafter “the building completed as above”). (5) On September 29, 2014, Defendant Posiwon entered into a sales contract with the Defendants’ auxiliary intervenors to entrust the sale of 19 units out of the total 26 units of the instant commercial building.

(6) The Plaintiffs concluded a sales contract for the instant commercial building (hereinafter “instant sales contract”) with the Defendants as indicated below.

On October 1, 2014, Nos. 102 No. 530,350,000 on the date of sale in lots, the Plaintiff’s order for sale in lots: “No. 205 No. 187,90,000 on October 1, 2014” No. 209, Oct. 22, 2014; 480,010,000 on October 2, 2014; 3104, 364,000 on October 3, 3014; 300,000; 464,00; 1068,000 on October 4, 2014; 10, 303, G 104; 103,0036, Oct. 1, 2014; 10, 2004;

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