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(영문) 부산지방법원 2016.06.15 2015가합49081

손해배상(기)

Text

1. Defendant Empid Co., Ltd. shall pay to each of the Plaintiffs KRW 82,269,97 and its payment from March 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff A purchased neighboring real estate, including G apartment, and promoted the apartment sales project of the regional housing association, by purchasing the same as that of the Plaintiff A, No. 403, Plaintiff C, Plaintiff C, Plaintiff D, the above apartment, Plaintiff No. 601, Plaintiff E, and Plaintiff F, respectively. The Plaintiff A purchased neighboring real estate including G apartment and promoted the apartment sales project of the regional housing association.

B. On June 2014, the Plaintiffs sold each of the G apartment units owned by the Plaintiffs by having the promotion committee of the Defendant Empid and H District Housing Association as the purchaser.

On January 2015, Defendant Empid prepared a written confirmation that “only the households wishing to sell an apartment unit of a regional housing association shall be entitled to purchase an apartment unit of 8.5 million won per square year” (hereinafter “instant written confirmation”) to the Plaintiffs.

C. Although the term of the contract was from September 21, 2015 to September 23, 2015, the sale of an apartment unit, including G apartment site, in Busan East-gu I and 79 parcels, with the business site, was completed from September 21, 2015 to September 23, 2015, the Plaintiffs did not have the opportunity to purchase it.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination on the claim against the defendant Empid

A. According to the above facts of recognition, Defendant Empid has a duty to compensate the Plaintiffs for the damages caused by the Plaintiffs’ nonperformance of the obligation based on the instant confirmation document.

B. Furthermore, in full view of the health room, Gap evidence No. 4 as to the amount of damages, and the purport of the entire pleadings, the households falling under the highest price among J apartment units shall be recognized as having 375,860,000 square meters or more of the supply price as a household with Atain (113.9834 square meters of the supply area by household) and as a household with the highest price of 41 square meters or more. Thus, the above highest price can be purchased according to the supply amount of the household and the plaintiffs' statement of the instant confirmation