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(영문) 수원지방법원성남지원 2015.05.21 2014가합7038
손해배상
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 17, 2014 to May 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. B Partnership is a non-corporate body consisting of persons eligible for the supply of land for livelihood countermeasures within the housing site development zone C. It is a unit association that re-conforms all the members of the D Association, E Association, and F Association, which are the mother(s) association, on the basis of the location and size of the land for livelihood countermeasures to be supplied.

B. On October 12, 2007, the FF Association (hereinafter “FF Association”) entered into a contract with the Korea Land and Housing Corporation for the supply of KRW 1,232,100,000 in a plot of land with the content that it would be supplied with KRW 370 square meters in Seongdong-gu, Sungnam-si (hereinafter “instant real estate”).

C. On the other hand, on November 29, 201, the Plaintiff entered into a sales contract to purchase the instant real estate in KRW 2,520,000 (hereinafter “instant sales contract”) with the Nonparty Cooperative. At the time, the Defendant, D Union, and E Cooperatives, which had been the head of the Nonparty Cooperative, were jointly and severally guaranteed by the Defendant and D Cooperatives, and the main contents thereof are as follows.

Article 2 (Indication of Object) Section B of the Sales Contract: (1) Section B of the F Cooperative site in Sungnam-si, Sungnam-si, the site area. (2) The total sale amount of Section B of Article 3 (Sale Amount) 2,520,000 m20,000 m20,000 for the intermediate payment to be paid to the Association: 1,60,000,000 won for the payment to the Association (payment at the time of change of name). The intermediate payment to be paid to the Association: The amount (payment at the time of change of name) 1,60,000,000 won for the payment to be paid to the Association (the time of change of name) 1,00,000 won for the payment to be paid to the Association (the time of change of name) 1,00,000 won for the settlement to be paid to the Association.

(3) The non-party union shall collect all documents necessary for sale from all its members and creditors (documents necessary for the change of the name of the site as required by the Land and Housing Corporation) within 45 days after the contract, notify the plaintiff and pay the balance to the execution office of the non-party union.

④ If it is possible to change the name by submitting all the documents necessary for the sale under the above (3) to the executor, the Plaintiff.

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