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(영문) 서울중앙지방법원 2017.06.30 2016가합503492
손해배상(기)
Text

1. The plaintiff A's lawsuit is dismissed.

2. The plaintiff (Appointed) B's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. Status 1) Plaintiffs B and Appointors (hereinafter “preliminary Plaintiffs”)

) The E Commercial Building located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant commercial building”).

) Some of the sectional owners are the Plaintiff A, Co., Ltd. (hereinafter “Plaintiff A,” and “Plaintiffs, including the preliminary Plaintiffs,” respectively.

On August 11, 2009, the primary plaintiffs established for the management of the commercial building of this case. 2) FF Co., Ltd. (hereinafter "F") is the contractor of the commercial building of this case. G is the contractor of the commercial building of this case, and G is the implementer of the commercial building of this case, and the defendant is the field manager as the employee of F.

3) F and G are Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on July 20, 2007.

(B) In relation to the construction of the instant commercial building, the management-type land trust contract was concluded. B. From November 6, 2007 to early 2008, G demanded the buyers of the instant commercial building to agree to convert the first floor and the second floor non-affiliated shop on the ground of the instant commercial building into the sales commission store (the store owned by the buyers jointly are leased to the lessees, and the sales commission is deducted from the sales management expenses, personnel expenses, advertising promotion expenses, various public charges, corporate tax, etc.) and the conjunctive Plaintiffs agreed to G’ proposal.

2) On December 18, 2008, G proposed a plan to pay the proceeds from the conversion of the commission store to the promotion committee of the instant commercial building management committee in lots, and subsequent negotiations were conducted on the payment method in lots. 3) On February 24, 2009, G was the sales price of the instant commercial building to F.

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