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(영문) 서울중앙지방법원 2020.10.15 2019가합535476
손해배상(기)
Text

All of the plaintiffs' claims against Defendant F Co., Ltd. are dismissed.

2. Defendant G Co., Ltd., Ltd., the Plaintiff A, on 139.

Reasons

1. Determination as to the claim against the primary defendant F

A. The facts of recognition 1) Defendant F Co., Ltd. (hereinafter “Defendant F”) concluded, June 1, 2016, with Defendant G Co., Ltd. (hereinafter “Defendant G”), a real estate security trust contract prescribed by the first priority beneficiary I organization, beneficiary, Defendant G, and Defendant F, and Defendant G on the seventh day of the same month, Defendant G, Si Co., Ltd. (hereinafter “J”) and the “K 3 Complex”, a multi-unit house scheduled to be newly built on the said land (hereinafter “instant agency contract”), respectively, with respect to the sales business of the instant multi-unit housing (hereinafter “instant agency contract”), and the document stating the above agency contract, respectively.

B) On March 14, 2017, Defendant F is the truster G, the contractor and the beneficiary J of the second priority and Defendant F as the project undertaker, and the borrower-type land trust contract with the content of carrying out the said parcelling-out project (hereinafter “instant trust contract”), and the document stating the said trust contract is “the instant trust contract”.

(2) Upon entering into a contract with the seller and the trustee, the truster, and the beneficiary G, and the construction company J to sell Ldong units in the above apartment complex 3 complexes. M entered into a contract for the sale of the above apartment complex 3 complex Ldong units, as shown in the table below, as shown in the following table: (a) the instant trust contract was entered into with the Defendant G, and the Defendant F entered into a contract with the Defendant F, G, and J on May 15, 2017 to change the sales contract of the above N from the Defendant F to the Defendant G on May 18, 2018; and (b) the Plaintiff F entered into a contract with the Defendant F, G, and J to change the sales contract of the above N units from the Defendant F to the Defendant G on May 18, 2018.

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