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(영문) 서울고등법원 2018.06.15 2018나2009393
손해배상 및 사해행위취소
Text

1. Defendant Asian Trust Co., Ltd and Defendant ., which correspond to the following amount ordered to be paid among the judgment of the first instance.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be found as a whole with the overall purport of the pleadings set out in Gap evidence Nos. 1 through 6, 8, 12, 16, 19, 22 and Eul evidence Nos. 1, 7 and 1 (including the numbers, if any).

[1] The plaintiff is a Canadian company located in Qubebec, and the co-Plaintiff B of the first instance trial (hereinafter "B") is a Canadian representative.

K is the spouse B.

Defendant Tinland Co., Ltd. (hereinafter “Defendant Tinland”) is an executor of the F apartment of Jung-gu Seoul Metropolitan Government (hereinafter “F apartment”).

Defendant Asia Trust Co., Ltd. (hereinafter “Defendant Asia Trust”) is a trustee company with the authority to sell F apartment units in accordance with the trust contract concluded around July 30, 2009 with Defendant Bobaland.

Around January 2014, an intervenor entered into a contract on vicarious sale of F apartment units with Defendant Asian Trust with the content that it will vicariously sell the F apartment units. From around that time to February 2015, the intervenor performed the sales agency work in F apartment units sales office (hereinafter “instant sales agency work office”).

Co-defendant C of the first instance trial (hereinafter referred to as the "C") is a person engaged in the sales agency business, and the defendant D is a child of C.

[2] B and K listen to the explanation from C that they may receive a discount from H-dong 1602, F apartment (hereinafter “instant apartment”) of H-dong 1602, and in order to purchase the instant apartment on January 13, 2014, the Plaintiff prepared an application for the pre-sale of the apartment in the name of the Plaintiff in the instant agency for the sale of the apartment, and paid KRW 3,000,000 to C as subscription money.

At the time, B and K have the honor to apply 20% discount to the customer proposal guarantee system from C, which reads “The apartment will be subject to 20% discount to the customer proposal guarantee system,” as of January 13, 2014 in the name of the defendant Asian Trust.

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