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(영문) 대구지방법원 2016.06.21 2015가단43056

분배금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. The Dispute Resolution is an executor who has sold an apartment building E in Daegu-gu, (hereinafter “the apartment building in this case”), and some households have been sold at a price lower than the sales price for the apartment after the first buyer sold the apartment building in this case to the seller.

B. 35 of the occupants of the apartment of this case, including the plaintiffs and the defendant, including the first buyer of the apartment of this case (hereinafter "occupants of this case"), have asserted damages arising from the discount sale of the apartment of this case, and caused conflicts with the LAD by claiming the damages from the discount sale of the LAD.

C. The occupants of the instant case filed a collective action, such as filing a collective demonstration, by asserting the payment of damages to D, and held 25 general meetings during the period from February 10, 201 to April 3, 2011, and identified the status of attendance at each general meeting.

On the other hand, the occupants of this case decided to collect money for each household in order to prepare various expenses for collective action, etc., and appointed F on October 2010, and transferred one hundred thousand won for each household to F's bank account. On the other hand, in 2011, B was appointed as a general manager and managed the revenue and expenditure of various expenses for each household.

E. On April 3, 2011, the resident of the instant case delegated the authority to negotiate with the Dispute Resolution Co., Ltd in relation to the damages incurred by the discount sale of the instant apartment.

F. On May 10, 201, Defendant, G, H, and L agreed to “the first agreement of buyers” or “the agreement of this case” (hereinafter “the agreement or “the agreement of this case”) as follows.

Of the instant draft agreement, the following matters are relevant to the instant case.

A, C, H Party A, and B are parties to the agreement in relation to the sale of the apartment in this case, and Eul are parties to the agreement in relation to the first sale of the apartment in this case, and Eul is the representative body which has received the power of attorney from the residents in the first sale of the apartment in this case.

This Agreement shall be amended by Gap and the representative delegated.