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(영문) 서울중앙지방법원 2017.02.07 2016가단5026375
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 7, 2014, the Plaintiff is a member of the Housing Redevelopment and Improvement Project Association (hereinafter “Union”) under the brokerage of Defendant B, a licensed real estate agent on June 7, 2014.

D) The above apartment No. 108-dong 1001 (hereinafter referred to as the “instant apartment”).

3) The Plaintiff purchased the apartment sales right to the members of the association in KRW 485,901,436 (hereinafter “instant sales contract”).

2) The Plaintiff purchased the apartment unit sales right of this case, and purchased the loan debt of KRW 313,00,000 from D.

3) The apartment house of this case, which is a 33 square meters (59,99 square meters) that was sent by the partnership to D members, was determined as the sales price of approximately 485,90,30,00 won, including 14,730,00 won, and 79,671,186 won, at the time of the sales contract of this case, the sales price of the association members was 406.230,30 won, including 14,730,30 won, and 79,671,186 won, and 485,901,436 won, including 79,671,186 won.

At the time, 23,901,300 out of the contributions to be refunded to D according to the schedule for the payment of contributions remains 5,769,886.

(b) The total project cost anticipated at the time of the commencement of the redevelopment project as a result of the completion and settlement of the increased additional contributions has increased to KRW 51 billion during the two years, and the members have to bear the additional contributions of KRW 73 million on an average.

On December 4, 2015, the Plaintiff was notified by the Cooperative to pay additional contributions of KRW 73,994,681.

In addition, the Plaintiff did not receive a refund of KRW 23,902,186 (the remainder of KRW 55,769,886 seems to have been refunded according to the schedule for the payment of contributions) on February 29, 2016, which was finally paid KRW 34,281,310, compared to the time when the instant sales contract was concluded.

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