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(영문) 서울중앙지방법원 2013.02.19 2012가단181767

손해배상

Text

. The amount of damage for each individual =(2)* funeral rate) in the term of less than 10% and each corresponding amount respectively.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles on the premise that the Plaintiff’s previous land and the designated parties’ previous land were assessed against the Plaintiff and the designated parties, and did not err by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal, the court below did not err by misapprehending the legal principles as to the ground of appeal.

According to the above facts, the members of the defendant association suffered losses from the failure to obtain revenue equivalent to the difference between the sale price of the apartment sold by C and the sale price of the association members. The specific amount of losses of the plaintiff and the designated members shall be in proportion to the appraisal price of each previous land, etc., and the amount of losses shall be calculated in accordance with the "the total appraisal price of the previous property of all the association members". If the above amount of losses is calculated in accordance with the detailed statement of calculation of damages in attached Form C in cases where losses equivalent to the difference between the sale price of the association members and the general sale price of the apartment sold by the association members are deemed to be losses corresponding to the difference between the sale price and the general sale price of the apartment sold by the association members (if the above amount of losses is less than the cost, the amount of damages shall be calculated in accordance with the detailed statement of calculation of damages in attached Form 3.

C. Therefore, the defendant association is liable to compensate the damages suffered by the members of the association due to the difference between the sale price and the general sale price of the apartment house in this case by transferring the apartment house to C who is not the object of sale. Thus, the judgment of this court is recognized that it is reasonable for the defendant association to dispute the existence and scope of the execution obligation of this case since August 1, 2012, the delivery date of a copy of the complaint of this case, as the plaintiff's tort, in the case where it is acknowledged that there is damages equivalent to the difference between the sale price of the association members of the association and the general sale price of the association.