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(영문) 광주지방법원 2019.05.08 2018가단536441
손해배상(기)
Text

1. The Defendants jointly share KRW 20,000,000 with respect to the Plaintiff and 5% per annum from November 27, 2015 to May 8, 2019.

Reasons

1. Basic facts

A. The Defendants’ status and related D Co., Ltd. (hereinafter “D”) are companies that newly build and sell Ftel (hereinafter “instant officetel”) in Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant site”). Defendant B is a person who runs real estate brokerage business in the name of “H Licensed Real Estate Agent Office” in Seo-gu, Gwangju, and Defendant C Association (hereinafter “Defendant Association”) concluded a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the mutual aid holders within the limit of the amount of deduction (100,000,000) with the content that the Defendant B and the mutual aid holders caused property damage to the parties to the transaction in performing real estate brokerage as provided in the Licensed Real Estate Agent Act.

B. 1) D Co., Ltd. (former trade name: J Co., Ltd.; hereinafter “instant trust company”) on March 23, 2012, 2012

B) As to the instant officetel construction and sales agreement, the instant officetel business agreement and agency business agreement were concluded (hereinafter “instant officetel business agreement”).

(2) D) On March 23, 2012, pursuant to the instant officetel business agreement, D entered into a sale management trust agreement with the instant trust company (hereinafter “instant officetel trust agreement”) and completed the registration of ownership transfer based on trust with respect to the instant trust company on the same day.

3. According to the instant officetel business agreement and the instant officetel trust agreement, the instant trust company manages the ownership of the instant business site and the instant officetel’s ownership in trust, and D, in consultation with the instant trust company, conduct sales business, such as entering into a sales contract, and the instant trust company shall keep the sales contract in trust and manage the funds.

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