beta
(영문) 대구지방법원 2017.04.06 2016나8006

분배금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On April 2008, the Plaintiffs and the Defendant purchased the instant apartment complex E (hereinafter “instant apartment”) from D Co., Ltd. (hereinafter “D”) which is an executory company, at the initial stage of the sale, at a normal price.

B. D’s purchase of the instant apartment at a discount of about 30% on the ground of the managerial difficulties, which led to conflict with the first buyer of the instant apartment, including the Plaintiffs and the Defendant.

C. On October 2010, some of the initial buyers of the instant apartment complex collected expenses of KRW 100,000 per household in order to raise various expenses, etc. for collective action around October 201, and again collected KRW 500,000 per household around 2010, and held 25 meetings to discuss the direction of response from February 10, 201 to April 3, 201.

around October 2010, the household that paid KRW 100,000 among the first buyers of the apartment of this case was about 53 households, and due to the decline in the middle and without paying the subsequent expenses, 35 members including the Plaintiffs and the Defendant (hereinafter “residents of this case”), including the Plaintiffs and the Defendant, left around April 3, 201.

E. On April 3, 2011, the occupants of the instant case delegated the negotiating authority to the Defendant, G, and H on the compensation for damages arising from the discount sale of the instant apartment and the instant apartment.

F. On May 10, 201, the Defendant and H agreed with D on the following terms (hereinafter “instant agreement”).

A and H Party A and B are related to the first buyer and the Si event with respect to the sale of the apartment of this case, and Eul is the representative body which received the power of attorney from the resident in relation to the first buyer's demonstration of the apartment of this case.

This draft agreement is an agreement for the normalization of apartment business affairs of this case, which is mutually agreed between A and the representative Eul.

Article 1 (Opening) A shall be equal to or less than KRW 594,00,000 (594,000,000) for the first buyer’s support agreement.