(영문) 대구지방법원 2015.06.18 2013가합206300

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(영문) 대구지방법원 2015.06.18 2013가합206300

손해배상(기)

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1. Each of the plaintiffs' claims for confirmation of voting rights in the lawsuit of this case shall be dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

A. The Defendant, as a company constructing each of the commercial buildings listed in the separate sheet (hereinafter “each of the commercial buildings of this case”), agreed that the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) which entered into a management-type land trust contract with Korea Light C&D Co., Ltd. (hereinafter “Korea Asset Trust”) agreed to pay the seller’s warranty liability when selling each of the commercial buildings of this case.

B. Around July 15, 2013, the Defendant and the Korea Asset Trust sold each of the instant commercial buildings to the person who presented the highest price bid among the bidders who presented the price higher than the determined internal price at which each of the instant commercial buildings was referred to by an open competitive bidding. L sold the instant commercial buildings to the person who presented the highest price. Around July 15, 2013, for the attached list 1 commercial buildings, KRW 25,000,000, for the attached list 275,900,000, for the attached list 3 commercial buildings; KRW 270,000,000 for the attached list 4 commercial buildings; KRW 31,00,000 for the attached list 5 commercial buildings; KRW 302,100,000 for the attached list 6 commercial buildings; KRW 300,000 for the attached list 70,000 for the Plaintiff’s 208,508,000 for each of the attached list.

After that, with respect to the attached list 1 commercial buildings from L on August 13, 2013, Plaintiff D succeeded to all the rights and obligations of the purchaser of the attached list 7 from L on December 3, 2013 as to the attached list 4 commercial buildings from M on December 3, 2013. Plaintiff G and Plaintiff H succeeded to all the rights and obligations of the purchaser of the attached list 7 from L on August 28, 2013.

C. In calculating the co-ownership share of the site of each of the instant shopping districts, the Defendant divided the site area of multi-family housing into the site area of multi-family housing and the site area of the commercial building, and divided the site area of each commercial building by the exclusive use area of each commercial building

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