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(영문) 서울고등법원 2013.11.29 2012나97514
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. 1) The Defendant’s status as the party concerned is as follows: (a) pursuant to Article 2 of the Addenda to the former Act on Business of Operating Indirect Investment and Assets (amended by Act No. 8635 of Aug. 3, 2007) established for the purpose of managing the assets of the indirect investment fund, the Defendant is repealed after February 4, 2009; and (b) the former Act on Business of Operating Indirect Investment

(1) On November 11, 2005, KB well-being real estate investment trust No. 7 (hereinafter “the Fund of this case”) is a truster company and an asset management company under the Act.

(3) As to the instant investment trust No. 6 of KB well-known Real Estate Investment Trust (hereinafter “Fund No. 6”) and, in addition to the instant Fund No. 7, “each of the instant funds”

2) Each of the investment securities of this case purchased securities of this case in the amount equivalent to the amount indicated in the “investment amount” column, without distinguishing the plaintiffs (including the lawsuit receiver, hereinafter referred to as the litigants and the plaintiffs. The detailed contents of the lawsuit receiver are stated in the list of plaintiffs listed in the list of plaintiffs listed in the list of plaintiffs listed in the separate sheet) from the plaintiffs (including the plaintiffs). The date stated in the separate sheet in the separate sheet in the separate sheet in the separate sheet in the separate sheet in this case (in the case of the plaintiffs who purchased beneficiary certificates more than two times since some of the time was different from the fund of this case, each of the purchase dates is different; however, the date of final purchase was indicated).

B. Details 1 of the structure and management plan of each of the funds of this case 7) The funds of this case are public offering real estate investment trusts, and the funds of this case 6 are private real estate investment trusts, and the Defendant, a truster company, issued beneficiary certificates, and Korea Life Insurance Co., Ltd., Ltd. (hereinafter “distributors”).

(2) Each of the instant funds sold the said beneficiary certificates. Each of the instant funds sold to investors by the selling companies the beneficiary certificates of the instant funds, with the amount equivalent to KRW 14 billion from investors (No. 7 of the instant funds, KRW 84 billion, and KRW 6 of the instant funds).

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