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(영문) 창원지방법원마산지원 2015.08.13 2014가단10833
손해배상(기)
Text

1. The Defendant’s KRW 19,810,00 and the Plaintiff’s annual rate of KRW 5% from January 1, 2015 to August 13, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff, C, and the Defendant, who are the representative of the above religious community, purchased various lots of land including D-671 square meters in Changwon-si, Changwon-si (hereinafter “instant land”) and E-gi-658 square meters, by constituting a religious community and contributing money. The F, the representative of the above religious community, completed the registration of ownership transfer on August 20, 204.

B. Members of the above religious community established G farming association on October 10, 2005 (hereinafter “instant association”). The instant association completed the registration of ownership transfer on the instant land on March 18, 2008.

C. In around 2009, the instant land was newly built of 70.11 square meters of the 1dong block structure, 100 Tampllllll roof, 70.11 square meters of the single house (hereinafter “instant housing”) and the 100 Tampllllllll roof, 100 square meters of the 2 East block structure, and the instant association completed the registration of initial ownership on December 29, 2009 with respect to each of the instant housing.

On February 11, 2014, the Plaintiff completed the registration of transfer of ownership on the instant housing and the instant land based on the distribution of remaining property due to the completion of liquidation as to the instant housing and the instant land, and C completed the registration of transfer of ownership on the ground of the distribution of the remaining property due to the completion of liquidation as to the 1/2 share of the block structure of 2 Dong 2 block structure as indicated in the said paragraph (c).

[Reasons for Recognition] Facts without dispute, Gap 1, 8 evidence, Eul 1, 3, 4, and 5 evidence (including additional numbers), Eul's testimony, and the purport of the whole pleadings

2. Determination

A. A contract for work under Article 664 of the Civil Act becomes effective when one of the parties has agreed to complete a certain work and the other has agreed to pay remuneration for the result of such work.

The following circumstances, which are acknowledged by the facts acknowledged earlier, without any dispute, Gap 1 through 8, Eul 1 through 11 (including additional numbers), the witness C’s testimony, the result of the on-site inspection by this court, and the purport of the entire pleadings, are the defendant, who is a member of the instant case.

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