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(영문) 대구고등법원 2018.10.11 2017나21849
손해배상(기)
Text

1. The first instance judgment, including the claim of the Plaintiff’s succeeding intervenor added by this court, is as follows.

Reasons

1. Basic facts

A. The “D” commercial building on the ground C of Suwon-si, Suwon-si (hereinafter “instant building”) is a building newly built in around 2008 by Bo Young Construction Co., Ltd. (hereinafter “ Bo Young Construction”).

The first priority holder of the real estate security trust of the instant building is the KF Asset Management Co., Ltd. (hereinafter “KF Asset Management”), which loaned funds necessary for the construction of the instant building to the KF, and the second priority holder of the instant building was the KF Asset Management Co., Ltd., Ltd. (hereinafter “KF Construction”), which is the contractor of the instant building, and the sales authority of the instant building was the KF Asset Management.

B. On March 21, 2014, E Co., Ltd. (hereinafter “E”) established a self-management real estate investment company (hereinafter “E”) and drafted a MOU containing the following (hereinafter “this case’s MOU”) as a promoter of Luses who will be established for the purpose of leasing a building of this case from Luses and operating a huses, after succeeding to the status of the priority holder of the building of this case from K-asset management and the status of the priority holder of the building of this case from K.S. construction and succeeding to the status of the right holder of the building of this case.

Written of Understanding [Specialized]

A. The KB Asset Management and the KGG construction share preferential right to benefit of the instant building.

B. The K non-asset management and Gain Construction are sold to E and E are intended to purchase them (hereinafter “subject transaction”), and the parties enter into this Understanding with a view to conducting an actual inspection for this purpose, and concluding negotiations and conclusive real estate sales contracts for the purpose of setting specific conditions of the subject transaction (hereinafter “this Agreement”).

[Article 2] 2.1 Actual Inspection E may conduct a due diligence on the building of this case for four weeks from the date of the conclusion of this letter of understanding.

[Article 3.1] 3.1 The date of termination of the due diligence period as stipulated in Section 2.

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