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(영문) 서울서부지방법원 2020.02.14 2019나36749
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 3, 2018, the Plaintiff purchased the land Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) from the Defendant for KRW 876,924,893, and purchased the Defendant’s right to move into the instant apartment F (hereinafter “instant apartment”) within the D&D area with the purchase price of KRW 950,000,000.

(hereinafter “instant occupancy contract”). B.

The relevant terms and conditions of the contract for occupancy right of this case are as follows.

[Matters of Special Agreement]

1. It is the object F of the right of occupancy in the D Redevelopment, the buyer succeeds to all the rights and obligations of the union members and shall comply with the partnership operation plan;

3. The value of land registration is KRW 876,924,893 (the value of the right is KRW 301,924,893) (the value of the right is KRW 515,00,000).

The Plaintiff paid the remainder to the Defendant on October 22, 2018, prior to the remainder payment date of the instant real estate sales contract and the instant contract for the purchase and sale of the right to move into the Plaintiff (on November 26, 2018), and completed the registration of ownership transfer under the name of the Plaintiff for the instant real estate, and changed the name of the right to move into the Plaintiff.

G Housing Redevelopment Development and Improvement Project Association (hereinafter referred to as the “instant association”) decided to change the contents of H and contract of the instant apartment complex, which is the contractor of the instant apartment complex, to the items provided free of charge by the existing association members, “dis air conditioners, drum laund, chip air conditioners, kn-rafers, knife anti-curbr, kniffr gas emittingr, and 7 persons of the State bank frife TV” (hereinafter referred to as “the instant association”), “heat 870L, drum, 16 km, kimchi, knife-frife-frife-frife-frife-frife-frife-frifties,” which is the items provided by the existing association members at the ordinary meeting of April 17, 2015.

(hereinafter “instant agreement”) e.

The place where the household electric appliances are delivered and installed under the agreement of this case is basically newly constructed by the association of this case.

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