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(영문) 서울고등법원 2019.01.24 2017나2054945
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff (appointed party)'s primary claim and this court.

Reasons

1. Basic facts

A. Trust 1 as to the instant shares in Yangcheon-gu Seoul Metropolitan Government 233.2 square meters and its ground buildings were installed with stores and street stores, and were used in B market. Of the above markets, E owned 87.98/2 of the total share of E in the said site, among the shares in G, H, I, N, L, L, M, N, P, P, Q, and the said site (hereinafter “instant share”).

2) However, in order to remove the B market and build a new building, the Defendant was established with the owners of the above site and the above ground buildings as its members, and around 2005, E completed the registration of ownership transfer based on the trust with respect to the instant shares to the Defendant, and the above ground buildings were removed around February 2007.

B. E’s sale R, S(the president of the Defendant’s representative), T’s share of this case from E, R’s share of 16.10 shares (store H), 16.10 shares of 233.2, 92 shares of 233.2, 19.84 shares of 233.2, 19.84 shares (No. Ha, K, N,O) in E’s management and disposition plan (No. 1, 2333.2, 207). From around December 27, 2007 to E’s settlement amount of 16.10 shares (No. 1, 2333.2, 238, 208, 30 shares in E’s disposal and disposition plan, 19.10 shares (No. 239.2, 2393, 208, 3000 shares).

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