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(영문) 서울동부지방법원 2015.11.11 2014가단26560

손해배상(기)

Text

1. On August 5, 2014, from August 5, 2014 to November 11, 2015, Plaintiff (Counterclaim Plaintiff) filed against Defendant (Counterclaim Plaintiff) B with respect to KRW 63,041,18, and related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, Defendants B, C, E, F, and G were divided owners of multi-household housing in the 6nd generation in Gwangjin-gu Seoul Special Metropolitan City, but Defendant B purchased G-owned households opposing the reconstruction of the said multi-household housing and acquired ownership on March 28, 2013.

B. On January 23, 2013, five sectional owners except G (i.e., the existing multi-household buildings) to remove the existing multi-household buildings, and (ii) to construct a multi-household building with the second, third, third, fourth, third, and fifth, the total number of households with the second and fourth floors (hereinafter referred to as “instant building”; and (iii) to establish a new multi-household building with the same method as “201” in the instant building where any of the households is specified among the instant buildings, and only the number of units in the instant building is referred to as “the instant association”) and an association for reconstruction (hereinafter referred to as “instant association”).

C. The instant association members, on March 25, 2013, agreed on the instant building construction project (hereinafter “instant association agreement”).

The main contents were as follows: ① as representative of Defendant B, the above Defendant’s representative delegated all the duties for the implementation of the reconstruction project from its members and carried out the reconstruction project under the lead of the above Defendant; ② Members share the expenses necessary for the implementation of the reconstruction project; ③ Defendants B, 201, 202, 301, 302 to the Plaintiff, 302 to the Plaintiff, 302 to E, 402 to E, 403, 501, and 502 (attached Table No. 1) to the Defendant and C, respectively, and to use the price for the reconstruction project as the cost required for the reconstruction project.

The instant building was completed on October 18, 2013, and the instant members of the instant building were named as Defendant B’s name on November 1, 2013, Nos. 201, 401, and 203 under the name of the Plaintiff, Nos. 301, 302, and 403 under the name of Nonparty C, 202, and 302.