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(영문) 부산지방법원 2017.09.14 2016가단320766

손해배상금

Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

(1) A market improvement project association (hereinafter “non-party partnership”) was authorized to establish a new main complex building consisting of commercial buildings and apartment buildings (hereinafter “the instant building”) on the ground of the land that was built by removing the existing market (C market) from the Busan Seo-gu D and E in 2003, and the Defendant assumed office as the president of the non-party partnership on June 21, 2012.

Plaintiff (Appointed Party) and Appointors (hereinafter referred to as “Plaintiffs”) shall be in attached Form.

3. Each of the buildings listed in the column for parcelling-out in the attached Form, which is the first floor of the building of this case, among the buildings of this case, as the sale price recorded in the column for "sale price column" on each contract date stated in the contract date, (hereinafter referred to as "each unit for parcelling-out") shall be sold or taken over from the buyers.

d. The instant building was completed on September 23, 201, and even if the Plaintiffs paid the sales price of each unit, the registration of preservation of ownership in the name of the non-party partnership against the sale security room was not completed due to the civil or criminal dispute between the non-party partnership and the Si construction, even though the Plaintiffs paid the sales price of each unit.

Article 22(1) of the Civil Act provides that “The provisional seizure of real estate owned by each unit of units in units in units in units in units in units in units in units in units in the name of the non-party association was completed on March 9, 2015.” However, the owner of the apartment part in the building in this case, F, etc. in the name of the non-party association (hereinafter “F, etc.”) applied for provisional seizure of real estate against each unit of units in units in units in units in units in units in Busan District Court 2015Kahap10199, and the provisional seizure of real estate was completed on April 9, 2015.” The provisional seizure registration of each unit of units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in units in Busan District Court on April 10, 2015.

x. From April 27, 2015 to May 20, 2015, each of the units units in units is named as the Plaintiffs.