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(영문) 부산고등법원 2020.07.22 2019나58653
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendants is revoked, and the Plaintiffs corresponding to the revoked part are the Defendants.

Reasons

1. The reasoning of the judgment on this part of the basic facts is as follows, except for the part on “basic facts” under Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment on the grounds of the judgment on the first instance is identical to the corresponding part.

【The part used in order to repair 【Defendant A’s regional housing association” in the entirety of the “Defendant A’s association” shall be used, “Defendant A’s regional housing association” in the three sides shall be considered as “Codefendant A’s regional housing association in the first instance trial,” and “the above Defendant” in the same conduct shall be considered as “the codefendant in the first instance trial.”

The portion concerning “Article 10 (Termination, etc. of Contracts)” and the part concerning “Article 10 (Cancellation, etc. of Contracts)” among the five-dimensional boxes shall be deleted. The same shall also apply to five pages (including the fact that there is no dispute with “the part concerning the basis for recognition,” Gap’s 1 through 19, 22, Eul’s 3, 4, 6, 13, and 5.

each entry and the purport of the whole pleadings shall be "the purport of all pleadings".

2. The plaintiffs' assertion

A. At the time of concluding each of the instant agreements to join the association, the Defendants, at the latest, secured the project site of 92% at the time of the conclusion of each of the instant agreements, were entitled to obtain authorization to establish the association at the latest on July 8, 2017, and notified KK (hereinafter “K”) that the instant project will be carried out. The Defendants acted as if they meet the qualification requirements even though they did not meet the qualification requirements for an agent under the Housing Act.

The Plaintiffs concluded each of the above agreements to join the partnership in accordance with the said Defendants’ deception and paid each of the amounts indicated in the column for the total amount of payment in the attached claim No. 2. Therefore, the Defendants are jointly and severally liable to pay each of the above amounts to the Plaintiffs in compensation for damages arising from joint tort as above.

B. The conjunctive claim Plaintiffs believe that the Defendants provided false information, and concluded each of the instant agreements to join the association, thereby suffering from mental distress.

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