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1. The lawsuit of this case shall be dismissed.
2. Expenses incurred by participation in the costs of retrial;
Reasons
1. The following facts shall be apparent or apparent to be recorded in this court:
The Defendant Incorporated Assets Trust Co., Ltd. (hereinafter “Cocon Assets Trust”) is a contractor who newly constructs, supplies and supplies apartment units of 20 to 30 stories above the ground level 20 to 22,190 above the ground level 20 to 30 stories above the ground level 20 under the method of management-type investment trust (hereinafter “the apartment unit of this case”) and ancillary welfare facilities after being entrusted with the land of this case by Defendant Barun Construction Co., Ltd. (hereinafter “Scocon Assets Trust”) and the members of the Defendant Incorporated Co., Ltd. (hereinafter “Scocons Trust”). The members are the truster of the said land and the co-project of the apartment of this case.
B. Around December 2009, the Plaintiff concluded a sales contract for the sales price of KRW 332,449,00 with respect to the sales price of KRW 332,49,000 among the instant apartment buildings and the Defendant Crocco asset trust (hereinafter “instant sales contract”).
C. On July 27, 2012, the Plaintiff filed a lawsuit against the Defendants for the payment of KRW 66,489,80 and damages for delay on the ground that the Defendants committed tort, such as various deceptive acts, or did not perform obligations, in concluding the instant sales contract under the Seoul Central District Court 2012Gahap6454.
The Intervenor succeeding to the Plaintiff succeeded from the Plaintiff on September 21, 2012, while continuing the said Seoul Central District Court 2012Gahap64654 case, the Plaintiff succeeded to one-half of each of the contractual parties to the instant sales contract from the Plaintiff, and succeeded to the said one-half shares. The Plaintiff withdrawn from the said lawsuit on March 12, 2014.
E. On April 2, 2014, the Seoul Central District Court dismissed all the claims filed by the Plaintiff’s succeeding intervenors against the Defendants on April 2, 2014. The Plaintiff’s succeeding intervenors appealed as Seoul High Court 2014Na26486, but the said court dismissed all appeals filed by the Plaintiff’s succeeding intervenors on November 20, 2014. The said judgment became final and conclusive around that time.
F. The Intervenor succeeding to the Plaintiff on January 20, 2015