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(영문) 대구고등법원 2016.11.30 2013나20947
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The Plaintiff Samsung C&T Co., Ltd. added at the trial.

Reasons

1. Basic facts

A. 1) The plaintiff is the party to the dispute. The plaintiff is the party to the dispute with the 189, 145, and 127 long-term-term "Seami-Sami-Samiami-Sami-Sami-Sami-Sami-Sami-Sami-Sami-si, 10, 2, 19, and 38, 466 units of 38, 466 units of 38, 3

In order to manage the apartment of this case, the non-corporate group consisting of representatives from each Dong on November 27, 2009 (Evidence 1.2) The defendant association is the seller who sold the apartment of this case to the members of the association (2,383 households) and the general buyers (1,083 households).

(B) No. 9-22 and No. 3-1, 2). The Defendant Union obtained authorization for the establishment from the head of the Seo-gu Seoul Metropolitan City Office (hereinafter referred to as the “head of the Seocho-gu Office”) on June 30, 2003 pursuant to the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003) for the purpose of the implementation of the project to remove the existing Sung-ro 1, 2 complex apartment and reconstruct the apartment of this case (hereinafter referred to as the “instant reconstruction project”).

The Defendant Cooperative shall be deemed to have been established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852, Dec. 30, 2002; Act No. 6893, May 29, 2003; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) on July 31, 2003 after the enforcement of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6893, Dec. 1, 2003; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”). In the event the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6893, May 29, 2003; hereinafter “former Act

3) On May 12, 2005, the Defendant Company received a contract from the Defendant Company for the construction of the instant apartment, and completed the construction by which the Defendant Company received a contract for the construction of the instant apartment from the Defendant Company (Evidence B (Evidence B (8) 4). Defendant Seo-gu made a disposition of authorization for the implementation of the said reconstruction project and approval for the management and disposal plan for the said reconstruction project to the Defendant Company, and the head

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