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(영문) 인천지방법원 2018.02.07 2017가단1874
분양대금상당액의 손해배상
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 110,000,000 won and each year from January 17, 2017 to August 11, 2017.

Reasons

1. Facts of recognition;

A. Defendant B-building housing association (hereinafter “Defendant Association”) is a corporation established on July 30, 2003 in order to remove existing houses in Incheon Gyeyang-gu and D-ground B complex and construct new apartment and commercial buildings with the size of 2 underground floors and 15 floors above ground (hereinafter “instant building”).

B. On March 21, 2006, the Defendant Mutual Aid Association concluded an implementation and construction contract for the said reconstruction project with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and agreed to vest in the Defendant Co., Ltd. all buildings except the shares of the partnership after the implementation of the project.

C. Around January 16, 2007, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 217,600,000 for the instant building (hereinafter “instant sales contract”). The Defendant Company decided to make the payment of KRW 100,000 to the Plaintiff in lump sum due to the shortage of construction cost, if the Defendant Company pays KRW 1,00,000 in lump sum due to the lack of construction cost, it would make the payment in full. Accordingly, the Plaintiff wired KRW 100,000 to the Defendant Company on the same day.

The sales contract for the instant building 802 (hereinafter “instant sales contract”) is signed and sealed by the Defendant Company, the Defendant Association, and the Plaintiff. According to Article 6 of the said sales contract, the Defendants are obliged to pay to the Plaintiff the amount equivalent to 10% of the sales price when the contract was terminated due to the violation of the sales contract in this case.

E. The defendant union held a board of directors on April 13, 2007 and paid the total share in the second floor construction project and the total share in the second floor construction project divided into shares owned between the defendant company and its members, and the 32nd class 20 households of apartment building (the number of houses shall be stated by the defendant company) in the amount of the second construction project, and delegates all the rights to the sale, and the sales contract issued by the defendant company shall be issued by the defendant company.

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