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(영문) 광주지방법원 2017.07.28 2016가단520626
손해배상(기)
Text

1. Defendant B’s KRW 22,500,000 and its amount are 5% per annum from November 29, 2016 to July 28, 2017.

Reasons

1. Basic facts

A. The status of the G&D Urban Development Corporation (hereinafter “N&D Urban Development”) is a company that implements the business of newly constructing and selling 482 households Etel (hereinafter “instant officetel”) on the land outside Gwangju Seo-gu and four parcels of land (hereinafter “instant project site”).

B. On March 23, 2012, the instant officetel’s new construction and sales business 1) b&D city development is an international asset trust company (former trade name: International Trust Company; hereinafter “instant trust company”).

B) The instant business agreement and agency agreement on the instant project for the new construction and sale of officetels were concluded with the Plaintiff (hereinafter “instant business agreement”).

(2) On March 23, 2012, 201, b&D urban development entered into a sale management trust agreement with the instant trust company (hereinafter “instant trust agreement”) under the instant business 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 business agreement and the instant trust agreement, the instant trust company manages the ownership of the instant business site and the instant officetel’s ownership in trust. The instant trust company conducts sales business, such as the conclusion of the sales contract, after consultation with the instant trust company. The instant trust company is in charge of storage of sales contract, establishment of a fund management account, and receipt and management of the sales price. The sales revenue shall be collected only in the agricultural bank account under the name of the instant trust company, which is the sales revenue management account designated by the instant trust company. The sales revenue shall be collected only in the form of the agricultural bank account in the name of the instant trust company, which is the sales revenue management account designated by the instant trust company. The sales contract shall specify the said sales revenue management account and recognize only the amount deposited in the designated sales revenue management account as the sales price. The instant trust company

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