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(영문) 서울고등법원 2015.01.27 2012나75934
분양정산금등
Text

1. Of the judgment of the court of first instance, the part of the Plaintiff (Appointed Party) and the designated parties are added at the trial.

Reasons

1. Basic facts

A. The Defendant is a company that constructed and sold B apartment (only the main apartment but only the apartment of this case; hereinafter referred to as “the apartment of this case”) on the surface of the land outside Sungnam-gu, Sungnam-si, and the Plaintiff (appointed party) and the Plaintiff’s designated parties (hereinafter referred to as “Plaintiff A, etc.”) are the buyers or occupants of the apartment of this case, and the Plaintiff B apartment council of occupants’ representatives (hereinafter referred to as “Plaintiff’s representative council”) are the autonomous management body that formed by the occupants for the management of the apartment of this case and completed the report of composition at the time of Sungnam-gu, on January 201.

B. On October 9, 2007, the Defendant announced the invitation of occupants to sell 182 households of the instant apartment, and concluded a sales contract with the buyer from November 5, 2007 on each of the instant apartment units.

C. The Defendant was awarded a contract to the New World Construction Co., Ltd. for the instant apartment construction, and obtained approval for use from the Sungnam City on June 28, 2010.

Plaintiff

Of A, ① [Attachment 2-1] The designated parties enter into a sales contract with the Defendant on or before June 28, 2010, which is the date of approval for the use of the apartment of this case, or take over the sales right or the one-half share thereof from the buyer, and ② The designated parties enter into a sales contract with the Defendant on or after June 29, 2010, or take over the sales right (AF, BW, CS, DV) (AF), or one-half share ( Q, AL,N,N, CB, CB, CV, CV, EI, EK) or divided ownership (EF).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1, 28 (including each number), the purport of the whole pleadings

2. Determination on the plaintiff's representative council's request

A. On June 2010, the plaintiff's council of occupants' representatives asserts that the construction result of the apartment building in this case differs from that of the tenant recruitment announcement.

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