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(영문) 서울남부지방법원 2015.12.15 2014가단57543

손해배상

Text

1. The Defendant’s KRW 18,500,000 as well as 5% per annum from October 30, 2014 to December 15, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 21, 1983, the Plaintiff acquired from D on July 21, 1983, the first floor of the apartment house on the E site in Guro-gu Seoul Metropolitan Government (hereinafter “refected house”) at its own expense, and completed the registration of ownership transfer on the apartment house in the name of C on October 5, 1983 according to the title trust agreement between C and his own model. On April 27, 1994, “C shall implement the procedure for ownership transfer registration on the apartment house on September 30, 1993 for the Plaintiff on September 30, 1993.”

(1) The reconstruction project plan was approved on May 2, 1994 for the reconstruction of the apartment house and the sale in units in the name of F apartment C (1) the F reconstruction housing association (hereinafter referred to as the "building association") in the name of the housing company on June 14, 1994. On June 20, 1994, C notified the president of the Korea Housing and Commercial Bank of the fact that the housing company is eligible for occupancy of the housing company (this notification is required pursuant to Article 17 of the former Housing Supply Rules (Ordinance No. 537 of the Ministry of Construction) to prohibit the re-issuance of national housing, etc.). On April 1995, C concluded a trust with the members of the housing association on the share in the housing site under the name of 180,000,000,000,000 won for the sale in lots under the name of the housing association on May 19, 195.

(2) Meanwhile, at the time of the conclusion of the above sales contract, C paid the down payment of KRW 20,000,000 among the sales price, and gave up the apartment lot of KRW 120,000,000 to its original members (59.95mm2) that is sold to the union members, in lieu of the payment. The remainder of KRW 40,00,000 for the patrolman on May 1995 was established as a mortgage creation registration on the F apartment.