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(영문) 서울중앙지방법원 2020.02.12 2017가합581703
손해배상(기)
Text

1. The plaintiff's lawsuit against the receiver F and G of the debtor E company, who is the plaintiff's lawsuit taking over the lawsuit against the defendant E company.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is the Nam-gu Incheon Metropolitan City Residential Housing (hereinafter “instant multi-family housing”).

(2) Defendant B is a company that constructed and sold the instant collective housing, and Defendant C and D are the entrusting parties who concluded a land trust contract with Defendant B with a total of 320 households (the apartment 280 households, officetels 36 households, and neighborhood living facilities 4 households).

3) E is a company that executed the instant apartment house, and the Defendant Housing and Urban Guarantee Corporation concluded a warranty contract for the instant apartment house with E. B. On November 25, 201, Defendant C and D entered into a trust contract for land-sale with the content that Defendant C and D newly built and sold the instant apartment house to each truster and beneficiary, and Defendant B, as a trustee, in the Nam-gu Incheon Metropolitan Government H and I.

(2) On May 11, 2012, Defendant B publicly announced the invitation of occupants of the instant multi-family housing, and thereafter concluded a sales contract with multiple buyers and individual households of the instant multi-family housing. 3) On November 6, 2014, Defendant C, D, and B terminated the trust business and agreed on the details of settlement (hereinafter “instant settlement agreement”) upon the fulfillment of the purpose stipulated in the instant trust agreement. The agreement on the settlement of the trust business (ended) prepared at the time includes the following:

Article 4 (Completion of Trust Business) (1) At the same time as this Agreement is concluded, the Trust Business shall be terminated.

Provided, That the remaining administrative affairs shall be governed by Articles 7 through 8.

Article 5 (Comprehensive Transfer, etc. of Rights and Duties) (1) All rights and duties of Defendant B related to the relevant trust business at the time of termination of the trust (Article 19 of the Urban Residential Housing Supply Contract, Article 18 of the Officetel Supply Contract, Article 15 of the Officetel Supply Contract, Article 15 of the Officetel and Commercial Building, and the status of a project undertaker under various Acts and subordinate statutes,

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