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(영문) 서울고등법원 2019.02.15 2017나2000030
손해배상(건)
Text

The judgment of the first instance court is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 243,106,604.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiffs are the parties 1) The plaintiffs are the U.S. O.O. H. (hereinafter referred to as the "O.O.").

(2) The term “N” (hereinafter “instant association”) is a “N” established for the purpose of jointly running a business, such as developing a electric housing complex, constructing a electric house, selling a unit, etc. in a P forest of 6,10 square meters, Q forest of Q, 4,389 square meters, and R forest of 1,071

) Members are members (Plaintiff E succeeded to the membership of the instant association from S.).

(2) The Defendant is a company running the housing site development business and the sales business, and U.S. as its husband is its representative (in-house director).

B. Design and construction permit process 1) The instant association is a Y Co., Ltd. (hereinafter “Y”) for the purpose of ordering a housing complex-based construction project in which 11 bonds can be constructed on each of the above lands.

(A) Around October 2012, the entire design drawings (No. 5, hereinafter referred to as “first design drawings”) were requested by Y.

2) On February 18, 2013, Plaintiff F, E, and I’s land and housing portion 4,934 square meters, the primary permission was granted to Plaintiff F, E, and I’s land and housing portion 4,934 square meters on February 18, 2013.

(3) However, as it is impossible to grant permission to all remaining areas due to administrative problems related to permission, including that some land is incorporated into road construction and excluded from the instant infrastructure construction project, the building permission was individually granted to Plaintiff C ( April 18, 2014), B ( March 14, 2014), and A ( March 19, 2014) (hereinafter “the second permission”).

(4) On August 19, 2015, the third permission was granted to Plaintiff H, D, and G’s land and housing portion remaining after August 19, 2015.

C. On February 3, 2013, Plaintiff J, L, K, C, and I, a member representative of the instant union, which was the conclusion of the construction contract between the instant union and the Defendant.

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