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(영문) 대전고등법원 2014.11.05 2013나1462
손해배상(기) 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A shall be modified as follows:

Defendant O Co., Ltd., Ltd.

Reasons

1. Basic facts

A. The relationship between the parties (1) the parties is the persons residing in the above real estate after entering into a sales contract or lease contract with respect to each real estate listed in the [Attachment 1, 3 through 7] list, and the plaintiff E is the deceased's father who has resided in the real estate listed in the annexed 2 list.

(2) The DefendantO, including the instant real estate, has completed the registration of preservation of ownership of the instant real estate as the contractor of X apartment located in Asan City and 1 parcel, in total, of the real estate listed in attached Forms 1 through 7.

(3) On September 13, 2005, Defendant KF trust concluded a security trust agreement with DefendantO for the instant real estate and completed the registration of ownership transfer on the grounds of each trust.

B. (1) The plaintiff A entered into a sales contract with the defendant O on the real estate listed in the separate sheet No. 1 around 2005.

(2) On June 15, 2005, the networkY concluded a sales contract with Defendant O on the real estate listed in the attached Table 2.

(3) On December 9, 2005, Plaintiff G entered into a lease agreement with the Defendant with respect to the real estate stated in the attached Table 3 attached hereto.

(4) On January 10, 2006, Plaintiff I (former name: AB) entered into a lease agreement with Defendant P (former name: AC Co., Ltd. at the time of the contract) with respect to real estate listed in the separate sheet No. 4.

(5) On April 22, 2008, Plaintiff K prepared a sales contract (sale price of KRW 70 million) (the sale price of KRW 70 million) with Defendant C through Defendant S until the ownership of the said real estate is transferred to Defendant C, and agreed to return the said sales contract and prepare a lease contract (the lease deposit amount of KRW 25 million) upon the acquisition of T’s ownership.

(6) On May 22, 2008, Plaintiff L is a S with respect to the above real estate as to the real estate listed in the attached Table No. 6 attached hereto.

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