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(영문) 대전지방법원 2018.05.17 2016가단226339

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the party (1) C-building housing association (hereinafter “instant association”) is a housing reconstruction association that obtained authorization for establishment pursuant to the former Housing Construction Promotion Act (amended by Act No. 6852 of Dec. 30, 2002) to implement a housing reconstruction project by making the Daejeon Seo-gu and seven parcels, Daejeon as a project implementation district, and is the implementer and seller of reconstructed.

(2) The Defendant completed the registration of initial ownership on July 28, 2006 as to the above E Apartment No. 104-dong 1703 (hereinafter “the instant apartment”) as a partner (or a person who succeeded to the status of its partner) who entered into the instant association and the instant sales contract (hereinafter “instant sales contract”).

(3) On May 22, 2010, the Plaintiff purchased the instant apartment from the Defendant in KRW 190,000,000, and completed the registration of ownership transfer on August 10, 2010.

B. (1) On May 10, 2013, the Plaintiff filed a lawsuit with the Daejeon District Court for the implementation of the procedures for the registration of ownership transfer of a site in accordance with the instant sales contract (the main lawsuit) against the instant association (2013Gahap4252 (the main lawsuit)).

On October 22, 2013, the instant association filed a counterclaim (2013Gahap8759 (Counterclaim) seeking the payment of a partner’s contribution against the Plaintiff.

(2) On May 29, 2014, the above court held that the Plaintiff succeeded to the status of a member of the instant association, and held that the Plaintiff is a member of the association, on the premise that the Plaintiff is a member of the association, ordered the Plaintiff to pay the Plaintiff a contribution and compensation for delay thereof, and ordered the instant association to pay the said money to the Plaintiff, and that the Plaintiff shall comply with the procedure for the registration of transfer of ownership of the land ownership

(3) The Plaintiff and the instant association were dissatisfied with the above judgment and appealed.

The appellate court (Seoul High Court 2014Na2424, 2431) is with the judgment of the first instance on December 3, 2015.