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(영문) 서울중앙지방법원 2015.05.15 2013가합56377
손해배상(기) 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) A (a) the same construction company around early 2007 (hereinafter “same construction”) shall be the same construction company around early 2007

(C) On February 10, 2010, the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government was merged into Seongbuk-gu C on February 10, 2010.

hereinafter referred to as “instant site”

2) On the ground, the main complex building for the purpose of the use of the 5th underground floor and the 111th ground-based apartment, officetels and neighborhood living facilities (hereinafter “instant building”).

In the process of carrying out a new construction project, the Defendant was entrusted with the construction and sale of the instant building. 2) The instant site fell under the side roadsides among quasi-residential areas, and the height of the building on the ground was limited to not more than 30 meters.

A, in order to be alleviated with the highest height of a building on August 31, 2007, A shall be donated to the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongbuk-gu") (hereinafter referred to as the "head of Seongbuk-gu"), which is the competent administrative agency, among the instant site, with the size of 2,545 square meters, and applied for a building permit under the joint name with the Defendant on the instant building of 2,545 square meters in size, 1,512.76 square meters in size, 21,24.17 square meters in size, and 32.8 meters in height. On November 27, 2007, A obtained a building permit from the head of Seongbuk-gu Office

(B) On March 28, 2008, after the conclusion of the trust contract, the owner shall be changed to the defendant's sole name.

The trust contract of this case and the plaintiffs loan 1) On November 30, 2007, A between the defendant and the defendant for the new construction and sale of the building of this case (hereinafter "the trust contract of this case") as follows:

(1) A (Articles 1 and 13). (2) The trustee: the defendant (Article 1. (3) the construction work of the building, the management and operation of the real estate in trust, and other trust affairs, if any, disposed of as due care as a good manager, the defendant shall be liable to the beneficiary even if any loss is incurred to the beneficiary.

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