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(영문) 서울동부지방법원 2018.07.13 2017가단122476
손해배상(기)
Text

1. The part of the plaintiffs' subrogation claim against the defendant Libera Corporation is dismissed.

2...

Reasons

1. The following facts do not conflict between the parties, or are acknowledged by considering the whole purport of the arguments in the statements in Gap evidence No. 1-1-3, Gap evidence No. 2-1-3, Gap evidence No. 5 (Provided, That the "certificate of payment" part among them shall not be used as evidence because there is no evidence to prove the authenticity thereof), Eul evidence No. 1-1 and 3.

A. From around 2010, Defendant Libera (former trade name: Libera; hereinafter “Libera”) promoted 8th to 165 of the “E” building (hereinafter referred to as the “instant building”) on the ground of the Seoul Jung-gu Seoul and 3 lots of land (hereinafter referred to as the “eightth floor”) from around February 201, Defendant Libera (hereinafter referred to as the “instant C”)’s shop occupants, a children’s play facility’s play facility (hereinafter referred to as the “instant kiC”), and performed the interior interior interior decoration, etc. with respect thereto, and around February 2012, Defendant C (hereinafter referred to as the “C”) is a company entrusted with the operation of the said Daz.

B. Nonparty G, as the representative member of the organization of sectional owners of the 8th floor of the instant building, was in charge of consultation on the sale of Defendant Libera and the 8th floor of the instant building on behalf of the said sectional owners, and was in charge of the sale of each unit of the 8th floor.

C. As to the instant building, the Plaintiffs reported a special sale advertisement to the effect that they may purchase the instant building under the status that the annual return rate of 9% has been determined as to the lease of Defendant LASAD and the sales of the instant KIKO, and that they may purchase it under the status that the annual return of 9% has

Accordingly, on October 28, 2010, Plaintiff A purchased the instant building Nos. 78-2.33 square meters (hereinafter “No. 78”) from G on behalf of Nonparty H, the owner of the instant building, at the purchase price of KRW 40 million, and Plaintiff B purchased the instant building at the purchase price of KRW 12.43 square meters on October 20, 2010.

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