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(영문) 서울중앙지방법원 2016.07.20 2016가합511035
손해배상(기)
Text

The plaintiff's primary claim and the conjunctive claim are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Defendant, including the conclusion of a sales contract between the Defendant and the Sung Industrial Development Co., Ltd., on September 4, 2002, purchased on September 4, 2002, real estate listed in the separate sheet (hereinafter “instant store”) among the buildings of five underground and ten stories above ground (hereinafter “instant building”) located outside Gangnam-gu Seoul and three parcels, and completed the registration of ownership transfer for the instant store on November 29, 2002.

B was declared bankrupt on September 14, 2007 by Seoul Central District Court 2007Hahap55, while running the instant building sales business.

Accordingly, the remaining 391 unit unsold in lots except the 127 unit unit, which was partially sold among the 127 unit stores, among the 518 unit stores (hereinafter referred to as "one unit") from the 2nd to the 3nd above ground of the building of this case, remains as owned by the bankruptcy estate of B, and some of the above-sale stores were in fact closed due to business difficulties.

Since 2013, the Sung Industrial Development Co., Ltd. (hereinafter referred to as the “Ssung Industrial Development”) performed the business of purchasing sectional ownership of the relevant part while promoting the development project for the 127 old portion of the building of this case.

Accordingly, when the Sung Industrial Development entered into a sales contract for the instant store with the Defendant around the second half of 2013, the balance shall be paid after the conclusion of the sales contract for the respective 127 old accounts. However, if the development of the Sung Industrial Development fails to purchase the said 127 old accounts or fails to pay any balance, the Defendant may rescind the contract, and the Defendant is "Korea Trust Co.,, Ltd. (hereinafter referred to as "Korea Trust Co.,, Ltd.") which entered into a funds management agreement with the Defendant.

The purpose of this case was to conclude a real estate disposal trust contract with regard to the store of this case.

At that time, the development of the sex industry paid 10,000,000 won to the defendant as the down payment, and the defendant is the Korea Trust on January 24, 2014.

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