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(영문) 부산지방법원 2018.07.18 2017가합43841
손해배상(기)
Text

1. The Plaintiff:

A. Defendant D Co., Ltd. shall pay KRW 178,796,362 and its corresponding amount from November 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Construction and sale of the apartment of this case 1) Defendant B District Housing Association (hereinafter “Defendant Association”)

2) The Plaintiff is the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and the Plaintiff’s Plaintiff’s Plaintiff.

The apartment of 12 and 85 units above ground (hereinafter referred to as the “instant apartment”).

(2) The Defendant Union completed the registration of ownership transfer concerning the instant land from November 8, 2002 to May 12, 2003, with the trust of each co-ownership of the instant land from its members.

3) On June 7, 2003, the Defendant Union, with I Co., Ltd. as joint business operators, obtained the approval of the housing construction project plan of the instant apartment from the head of the Gu of the Busan Metropolitan City on June 7, 2003, and I Co., Ltd., from around August 2003, when performing construction work of the instant apartment from around February 2004, the Defendant Union suspended the construction work of the instant apartment on or around February 2004. (4) The Defendant Union, with J Co., Ltd. as joint business operators, obtained the approval of the revision to the housing construction project plan from the head of the Busan Metropolitan City SJB on May 21, 2004, and J Co., Ltd failed to obtain the approval of the use (use inspection)

5) Meanwhile, on the other hand, the instant apartment building was completed by the structural construction from the first to the 12th floor above the ground around March 2006, and both the columns, roof, and main walls were constructed. The Defendant Union and J Co., Ltd. concluded a sales contract with the buyer regarding each part of exclusive ownership of the instant apartment building from July 2, 2005 to March 2006. 6) As to each part of exclusive ownership of the instant apartment building, the registration of ownership preservation was completed from July 2, 2010 to July 14, 2010, and thereafter the ownership transfer registration was completed in the name of the buyer of the instant exclusive ownership or his successor.

B. Part of the instant land.

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