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(영문) 서울남부지방법원 2016.01.15 2015나54894
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. A partnership for B reconstruction and rearrangement projects (hereinafter “the reconstruction association of this case”) was established to implement the housing reconstruction project on the land outside Yeongdeungpo-gu Seoul Metropolitan Government and outside 40 parcels. The Plaintiff was a person who owned the housing within the said reconstruction project area and was a director of the said reconstruction association.

On August 8, 2008, the defendant is a building company which entered into a new contract with the reconstruction association of this case to construct D apartment units within the reconstruction project area.

B. On December 18, 2009, the Plaintiff entered into a contract for the instant sales in lots with the instant reconstruction association, which assessed the sales price of D apartment units of KRW 37.7 square meters (124.684 square meters) to KRW 511,450,00 (the Plaintiff-owned housing shall be assessed as KRW 339,541,01 in the amount of the rights of the association members, and the actual charges shall be assessed as KRW 339,541,01 in the amount of the rights of the association members, and entered into a contract for the supply

(hereinafter “instant sales contract”). C.

The instant reconstruction association, such as design change, held an extraordinary general meeting on January 29, 201, and passed the design change agenda on the agenda item 1, and accordingly, the Plaintiff was changed to 37.7 square meters in lots to 38.2 square meters in lots (the inside structure of the apartment and the location of bearing walls were changed as indicated in the annexed ground plan) and the Plaintiff’s actual charges increased to 188,84,359 won.

After the completion of the above D apartment on August 8, 2013, the reconstruction association of this case completed the registration of preservation of ownership in the name of the plaintiff on October 8, 2013, the above apartment Nos. 103, 1404 (hereinafter “the apartment of this case”) and the plaintiff paid the contributions around December 20, 2013, and occupied the apartment of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14, 23, 24, Eul evidence Nos. 1 and 2 (including serial numbers), and the purport of the whole pleadings

2. The parties' assertion;

A. The above D apartment that the plaintiff agreed to purchase on 37.

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