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(영문) 서울고등법원 2016.01.29 2015나26308
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1, evidence 2, evidence 2-1, evidence 3-1, evidence 3-2, evidence 4-1, evidence 4-2, evidence 5, evidence 11, evidence 15, evidence 2-2, Eul evidence 3, evidence 30-1, 2, Eul evidence 1-3, evidence 30, evidence 1-2, Eul evidence 1-3, and evidence 4-1 through 4-9.

1) The defendant is a party to the indirect investment business established for the purpose of managing the assets of the indirect investment fund. The defendant is prior to the repeal by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act (amended by Act No. 8635 of Aug. 3, 2007 and enforced February 4, 2009; hereinafter referred to as the "former Indirect Investment Act").

(1) On November 11, 2005, KB well-being real estate investment trust No. 7 (hereinafter “the Fund of this case”) is a truster company and an asset management company under the Act.

(3) As to the instant investment trust No. 6 of KB well-known Real Estate Investment Trust (hereinafter “Fund No. 6”) and, in addition to the instant Fund No. 7, “each of the instant funds”

(1) set up the beneficiary certificates of this case (hereinafter referred to as “the beneficiary certificates of this case”).

(2) The Plaintiffs (including the litigation receiver; hereinafter referred to as “Plaintiffs”) purchased the beneficiary certificates of this case equivalent to the amount indicated in the “investment amount” column in the attached Form No. 7 of the damages calculation table at the time when each of the Plaintiffs purchased the beneficiary certificates of this case two or more times (including the time of partial purchase to the fund of this case, but the date of the purchase was finally indicated) around the date indicated in the “Creation Date” column in the attached Form No. 7 of the damages calculation.

B. Contents 1 of the structure and management plan of each of the instant funds, etc. 7 of the instant funds, the fund is a public real estate investment trust, and the fund of this case 6 is a private real estate investment trust, and the Defendant, the truster company, is the instant beneficiary certificates.

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