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(영문) 대구지방법원 2019.05.30 2018나316053

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 21, 2014, the Defendant sold D apartment units located in Nam-gu, Nam-gu, Seoul (hereinafter “instant apartment unit”). On November 21, 2014, the Plaintiff entered into a sales contract with the Defendant for the instant apartment unit E (hereinafter “instant sales contract”). However, even after the lapse of February 2017, the scheduled occupancy date stipulated in the instant sales contract, the Defendant failed to obtain approval for the use of the instant apartment units from the port market. The instant apartment units filed a civil complaint against the Defendant on July 24, 2017 regarding the delayed occupancy, and 35 prospective occupants, including the Plaintiff, filed a lawsuit against the Defendant on July 24, 2017, such as the repayment of the down payment for the instant apartment units to the prospective occupants or the repayment of the down payment for the instant apartment units to the prospective occupants, etc. Around July 2017, the Defendant filed a lawsuit with the prospective occupants, including the instant apartment units, to either partially grant the instant apartment units or the remainder of the payment to the prospective occupants.

d.

In addition, in order to obtain approval for the use of the apartment of this case on August 10, 2017, the defendant shall execute the following documents:

(1) Around August 11, 2017, the Plaintiff submitted the Pohang City Mayor, and obtained approval for the use of the apartment in this case from the Port Market on the instant apartment on August 11, 2017. In order to resolve civil petitions related to the construction of D apartment units, the Plaintiff shall pay KRW 382,000,000 per household to the 382 households, including the prospective occupants, who are not eligible occupants, who agreed with the agreed compensation, for the settlement of civil petitions related to the construction of D apartment units. A total sum of KRW 5,500,000 per household (

The approval of the housing construction project plan and the modification thereof, and the inspection for use.