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(영문) 서울동부지방법원 2012.08.17 2012가단1093
손해배상
Text

1. The Defendant’s KRW 4.2 million and its relation to the Plaintiff’s KRW 5% per annum from March 14, 201 to August 17, 2012.

Reasons

1. Basic facts

A. A. Around February 7, 1995, the sectional owners of the building in Jung-gu Seoul, including the Defendant, form a D reconstruction association (hereinafter only referred to as the “Building Association”) around February 195. Between the building owner of the building in Jung-gu, Seoul and the Defendant, and the Sung-gu, Inc., Ltd. (hereinafter referred to as “Seoul”) and the Sung-gu, Co., Ltd., Ltd. (hereinafter referred to as the “Seoul-gu”) that took over the E-building adjacent to the C building from the Co., Ltd., the said two buildings were removed and reconstructed the above 7th underground floor, the above 20th underground floor, the commercial building and the office building’s building’s 20th ground floor size, and the reconstruction association concluded a rebuilding agreement that the building owner would have 35% shares and 65% shares in the existing land and building, and the above agreement should be divided in proportion to the total floor area after reconstruction according to the shares of the building and the building.

B. From June 1995, Sung Chang-si sold F commercial buildings through an agency company for the sale of beer Jinjin Co., Ltd., and registered sale of the commercial buildings corresponding to the shares of the reconstruction association in accordance with the delegation of the reconstruction association for the sale of the commercial buildings, and registered sale of the commercial buildings corresponding to the shares of sexual creation upon the completion of the delegation of the reconstruction association for the sale of buildings, the registration of divided ownership was completed for the portion of the building and the right to use the site was granted

However, for the smooth attraction of the sale by units, the sale by units can avoid acquisition tax, transfer tax, etc. to be borne when the sale by units is registered, can be sub-lease during the lease period, and the contract renewal can be possible by 50 years, barring any special circumstance, and the reconstruction association and the formation of a new housing association are objection thereto.

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