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(영문) 부산고등법원 2019.06.13 2019나12
약정금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. B Co., Ltd. and C (hereinafter “B”, “C”, and the two companies collectively referred to as “trustees”) obtained on December 19, 2001 approval from the head of Ulsanbuk-gu, Seoul (hereinafter “the head of North Korea”) for a new housing construction project plan for the housing units to be built on nine parcels, including Ulsan-gu E, and nine parcels.

B. On January 18, 2002, the Defendant entered into a rental trust agreement with the truster on the above project site, and obtained the approval of the modification of the housing construction project plan that changes the project owner to the truster from the North Korean head of the Gu.

C. On October 13, 2002, the Defendant terminated the agreement between the truster and the truster, and the Defendant entered into a sale-type trust agreement with the aim of constructing and selling an apartment complex with a total of 1,090 households on the above ground after being entrusted with the above project site, and obtained approval for the modification of the housing construction plan that changes the method of housing supply from the North Korean head of North Korea to the general public.

The defendant contracted the construction of the above four apartment complexes to V, and the corporation V completed the new construction of the apartment on November 30, 2004, and obtained the approval of the use on March 11, 2005.

E. However, in the above apartment building, there was a defect that was built differently from the original approval of the business plan without any modification to the business plan even though it was not a minor alteration (hereinafter “unapproved defect”) and a defect that was poorly constructed.

F. The plaintiff, the council of occupants' representatives of the above apartment complex, filed a civil petition against defects in the apartment complex with the head of the North Korean office, and the head of the North Korean office ordered correction to the defendant, but notified the head of the Gangnam-gu Seoul Metropolitan Government Office that the defendant failed to comply with

On October 29, 2007, the head of Gangnam-gu Seoul Metropolitan Government issued a disposition to cancel the registration of a housing construction business operator against the defendant.

Accordingly, the defendant is 207Guhap42751 of the Seoul Administrative Court.

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