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(영문) 광주지방법원 2018.02.06 2016가단525010
손해배상(기)
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2016 to February 6, 2018.

Reasons

1. Basic facts

A. The parties’ status as a party (hereinafter “N&D City Development”) is a company that newly constructs and sells a 482-household D officetel on the land outside Seo-gu, Seo-gu, Gwangju and four lots (hereinafter “instant project site”). The Plaintiff, upon the Defendant’s introduction, entered into a sales contract on the said D officetel 317 and 639 (hereinafter collectively referred to as “each of the instant officetels,” and individually named as the number of houses).

B. On March 23, 2012, 201, the Dondi City Development Co., Ltd. (hereinafter “Wndi City Development Co., Ltd.”) is running a business in which the Dondi City Development Co., Ltd. (hereinafter “Wndi City Development Co., Ltd.”) sells a Do officetel built on the instant project site, and the International Trust Co., Ltd. (hereinafter “trustee”) was changed to an International Asset Trust Co., Ltd. (hereinafter “Bndi City”).

) The instant business agreement and agency business agreement with respect to the instant project for the new construction and sale of officetels (hereinafter “instant business agreement”).

2) On March 23, 2012, a trustee and a sales management trust agreement (hereinafter “instant trust agreement”) were concluded in accordance with the instant business agreement. On the same day, the trustee completed the registration of ownership transfer based on the trust with respect to the instant project site, and the contents of the instant trust agreement were publicly announced in the trust ledger.

3. According to the instant business agreement and the instant trust agreement, the trustee manages the ownership of the instant business site and the ownership of a Dtel, and the development of a n&D city in consultation with the trustee on the execution of the sales contract, etc., and the trustee takes charge of the storage of the sales contract, the establishment of a fund management account, and the receipt and management of the sales price, and the sales revenue designated by the trustee is the sales revenue.

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