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(영문) 광주지방법원 2017.07.21 2016가합59633
매매대금반환
Text

1. Defendant LAWn City Development Co., Ltd.:

A. As to Plaintiff A’s KRW 300,000,000 and KRW 30,000,000.

Reasons

1. Facts of recognition;

A. (1) The status of the parties (1) Defendant Dondi City Development Co., Ltd. (hereinafter “Defendant Dondi City Development”) is a company that newly constructs and sells the two underground floors, 15 floors above ground, and 191 rooms and neighborhood living facilities (hereinafter “instant building”) to the Seo-gu Seoul (hereinafter “instant project site”). The Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant Dondi City Trust”) is a company that entered into a sales trust agreement with the Defendant Dondi City Development and the new building sale of the instant building.

B. (1) Around February 2014, Defendant LAWn City Development concluded a business agreement and an agency contract with Defendant International Asset Trust and Gold Industry Development Co., Ltd. (hereinafter “YA”) and Seongdong Construction Co., Ltd. (hereinafter “SAD Construction”), and the instant building’s new construction and sale project.

(2) On February 13, 2014, Defendant L&C development concluded a trust agreement with Defendant International Asset Trust and a sale management trust agreement (hereinafter “instant trust agreement”) in accordance with the instant business agreement, and on the same day, Defendant International Asset Trust completed the registration of transfer of ownership based on trust regarding the instant project site.

(3) After that, on September 9, 2016, the Defendant International Asset Trust concluded a trust real estate sales contract with the purport to sell the instant project site entrusted in Defendant LAWD Development to DBD DB D, and completed the registration of ownership transfer as a result of the sale of the instant project site to DIB DD DD DD DD DD DD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D related to the instant project site on September 9, 206.

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