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(영문) 서울중앙지방법원 2014.04.09 2012가합66728
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Basic facts

A. On June 25, 2004, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entered into a sale-type land trust contract with BE Co., Ltd. (hereinafter “BE”), and implemented the construction of “BG” building, an aggregate building for business sales, neighborhood life, and sports facilities, on the land of Ildong-gu, Yongsan-gu, Busan Metropolitan City.

Defendant Democratic Industry Development Co., Ltd. (hereinafter “Defendant Democratic Industry Development”) (hereinafter “Defendant Democratic Industry Development”), around December 28, 2006, when the said construction was in progress, purchased the commercial facilities (hereinafter “instant building”) from the first to third above ground from among the buildings of “BG” from the Korea Land Trust, and acquired the right to sell the said facilities.

B. On January 8, 2007, Defendant Democratic Industry Development entered into an agency contract on the management of funds such as sales revenue, etc. with Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Real Estate Trust”), Seoul Asset Management Co., Ltd., which is a financial institution. On September 20, 2007, around September 20, 2007, Defendant KB Real Estate Trust, and each section of exclusive ownership and site ownership of the instant building.

C. Around July 2007, Defendant Democratic Industry Development was designated as a sales facility among the stores located on the second floor of the instant building, Hong-man S&C Co., Ltd. (hereinafter “S&C”) and Hong-man D&C.

3. Of the stores located on the second floor of the instant building, the part “A” (Nos. 2165 through 2173) of the drawings is designated as a cosmetic, and around August 10, 2007, as designated for the purpose of cosmetic and malary surgery among the stores located on the second floor of the instant building.

3. With respect to “B” portion of the drawings (as of May 2007, Nos. 2153 through 2157), “B” portion of the drawings, and around May 2007, P&T Notice Co., Ltd. (hereinafter “P&T Notice”).

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