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(영문) 부산지방법원 2014.12.11 2011가합26424

손해배상(기)

Text

1. As to the trust of real estate for Defendant New Real Estate Co., Ltd., the amounting to KRW 72,574,163 and the amount pertaining thereto from December 27, 201 to December 12, 2014.

Reasons

1. Basic facts

A. On May 10, 1982, the Plaintiff is the owner who newly constructed a brick studio housing on the ground of 524m2 in the Geum-gu, Busan (hereinafter “instant housing”) which is one’s own ownership on the ground of 524m2.

B. The Defendant Young Real Estate Trust Co., Ltd. (hereinafter referred to as “new real estate trust”) is an executor of the construction of the apartment house on the ground of the Geumcheon-gu, Busan and 124 lots of land (hereinafter referred to as “the apartment house of this case”), and the Plaintiff Co., Ltd. is the construction contractor of the new apartment after being awarded a contract for the construction of the apartment building of this case from the Defendant Young Real Estate Trust.

C. The outline and current status of the construction of the instant apartment is as follows.

-construction name: F new construction of apartment - Approval number: G, first approval (as of April 30, 2006), final approval (as of February 25, 2010): P, P, and final approval (as of February 25, 2010): Busan Geum-gu E, and 124 parcels - Operators: Living real estate trust for Co., Ltd. - Construction Business Operator - Construction Business Operator - Construction Business Operator - Construction Business Operator - Construction Business General Construction Business Office for Prior Engineering and Engineering Construction for Co., Ltd. - Construction Business Operator - Construction Work Office for Co., Ltd. from May 1, 2010 to October 30, 2012: Six apartment houses (as of April 3, 2006 to 16/22), 514 households in total, and three Dongs attached thereto (security room 1, childcare facilities 1): The usage of apartment houses and attached facilities.

D. Meanwhile, on January 9, 2014, B Co., Ltd. received a decision on commencing the rehabilitation procedure as Seoul Central District Court 2013 Ma291 on January 9, 2014, and the Defendant, the representative director, was appointed as the custodian.

The plaintiff reported the damage claim 252,00,000,000 and damages for delay due to the infringement of the right to sunshine in the above rehabilitation procedure as rehabilitation claim, but the defendant raised an objection thereto, and the plaintiff changed the lawsuit against B corporation to the exchange of the lawsuit for confirmation of the rehabilitation claim.

(hereinafter referred to as “B”). [Ground for recognition] The debtor B is without dispute; Gap evidence Nos. 5-3, 5, 6, and 11-1 through 5; and the purport of the whole pleadings.

2. The plaintiff's assertion is due to the construction of the apartment of this case.