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(영문) 인천지방법원 2020.01.15 2018가단36877
손해배상(기)
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 161,746,540 and the interest rate thereon from January 3, 2019 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B Housing Reconstruction Project Association (hereinafter “Union”) is a reconstruction project partnership that has completed the registration of incorporation pursuant to the Urban and Residential Environment Improvement Act, and Defendant C Co., Ltd. (hereinafter “company”) is a contractor selected by the Defendant Partnership for the implementation of the reconstruction project.

B. The Defendant Cooperative constructed an aggregate building (hereinafter “instant aggregate building”) including real estate listed in the attached Table (hereinafter “instant building”) by implementing a housing reconstruction project on the ground of one parcel outside Bupyeong-gu, Bupyeong-gu, Incheon, Incheon, and completed registration of preservation of ownership on May 16, 2018.

C. On May 28, 2016, the Plaintiff concluded a sales contract of KRW 178,00,000 for the instant building with the Defendants (hereinafter “instant sales contract”), and KRW 17,800,00 for the first intermediate payment of KRW 17,800 for the first intermediate payment of KRW 17,800 for the first intermediate payment until November 15, 2016, and KRW 26,700 for the second intermediate payment of KRW 26,70,00 for the second intermediate payment of KRW 26,70 for the third intermediate payment of KRW 26,70,000 until March 15, 2017, until July 31, 2017.

The Plaintiff paid KRW 140,80,000 in total of KRW 17,80,000 on November 15, 2016 and KRW 123,00,00 on July 17, 2018, as part of the sales price under the instant sales contract, and paid KRW 37,20,000 on the remainder.

E. On June 18, 2018, the Defendant Cooperative completed the registration of ownership transfer on the ground of sale on the instant building to the Plaintiff, and the Plaintiff is currently occupying and residing in the instant building.

F. On July 10, 2018, the Plaintiff created a maximum debt amount of KRW 147,60,000 with respect to the instant apartment, and the Plaintiff’s right to collateral security against the obligor.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 3, the purport of the whole pleading

2. The Plaintiff’s assertion Defendants, despite obtaining a construction permit for the instant aggregate building as a studio, are apartment buildings with a structure of illegal structure altered.

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