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(영문) 부산지방법원 2015.08.12 2012가합44078
손해배상(기)
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1. As to the Plaintiff’s KRW 7,552,908,200 and KRW 7,547,523,00 among them, Defendant A shall be KRW 5,385,200 from January 6, 2010.

Reasons

1. Basic facts

A. The Plaintiff entered into a housing sale guarantee contract, etc. on June 20, 2007 with DB and 33 lots of land (hereinafter “instant apartment”) and DC apartment (hereinafter “D”) with DD (hereinafter “D”), a company conducting the sales business of the instant apartment, and entered into a housing sale guarantee contract with respect to the new construction of the instant apartment on June 20, 2007 (hereinafter “instant housing sale trust contract”). On June 21, 2007, DD entered into a housing sale guarantee contract (hereinafter “instant housing sale guarantee contract”). DD, on the same day, entered into a guarantee agreement on the instant housing sale guarantee contract (hereinafter “the instant guarantee agreement”) with the Plaintiff from the date of approval for the public announcement for the extension of the guarantee period, to the date of registration for ownership preservation (including the inspection). The main contents are as follows.

Article 7 (Management, Operation and Disposal of Trust Real Estate) (3) Where the plaintiff performs the refund or performs the sale in lots to the buyer, the plaintiff may dispose of trust property at a reasonable method and price, and pay the amount of disposal of trust property in the order of the following:

1. Taxes, public charges, and various expenses for the performance of trust affairs;

2. The original trust of the Plaintiff’s bonds as provided for in Article 12 (2) 3 (Trust Original)

1. Real estate in trust and money in trust;

5. Other assets and liabilities corresponding to any of the subparagraphs of Article 12 (Beneficiarys) (1) In this trust agreement, the original beneficiary shall be the plaintiff who guaranteed the performance of the contract for sale in lots of D and D.

(2) Where D falls under any of the following cases among the beneficiaries of the original documents referred to in paragraph (1), D shall lose the right to benefit and the benefit of time due:

3. Article 17 (Payment of Expenses) (1) In the event that Daehan fails to meet its obligations to the Plaintiff, the following:

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