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(영문) 서울중앙지방법원 2018.10.05 2017가합587978
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 2016, B and 12 concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant, a stock company (hereinafter “C”) and a multi-household house newly built on the land (hereinafter “multi-household house”). In the instant land and multi-household house in this case, B and 12 are trusters and beneficiaries; the Defendant is both trusters and beneficiary; the Defendant is the contractor; the Defendant is the contractor; C is the first beneficiary; the Korea Savings Bank (hereinafter “Mediation Savings Bank”); the Korea Deposit Bank”) and the UN Deposit Bank Co., Ltd. (hereinafter “N Savings Bank”) as the first priority beneficiary; and the management-type land (hereinafter “instant trust agreement”).

B. Meanwhile, on January 2, 2016, E entered into a contract for new construction of the instant multi-household housing with C (hereinafter “instant construction”) with C, and the Plaintiff was partially subcontracted by C.

C. On February 6, 2017, the Plaintiff: “C transferred the ownership of 101 dong 602 among the instant multi-household housing to the Plaintiff immediately after completion of the instant multi-household housing; and, upon the completion of the registration of transfer of ownership under the Plaintiff’s name, the Plaintiff drafted an agreement with the Plaintiff on the claim for construction payment against C (hereinafter “instant claim for construction payment”) related to the instant construction project and the Si-dong multi-household construction project.

Since then, between C and C on March 13, 2017, the Plaintiff is the Plaintiff’s housing of 603 et al. instead of the above 602 units.

B shall be sold in 250,000,000 won, and down payment of KRW 80,000,000 shall be replaced by the payment payable to C at the construction site in 2014 to 2015.

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