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(영문) 수원지방법원성남지원 2012.08.28 2011가합13339
분양정산금등
Text

1. All claims filed by the plaintiff (appointed party) and the plaintiff B apartment council shall be dismissed;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is a person who constructed and sold B apartment (hereinafter “the apartment of this case”) on the land outside Sung-gu, Sungnam-si, and the Plaintiff (Appointed Party; hereinafter “Plaintiff 1”) and the designated parties indicated in the attached list of the designated parties A and the attached list are the buyers and occupants of the apartment of this case, and the Plaintiff B’s representative council of occupants’ representatives (hereinafter “Plaintiff 2”) is an autonomous management organization composed of the occupants for the management of the apartment of this case.

B. On October 9, 2007, the Defendant issued a public notice to invite occupants to sell 182 units of the instant apartment, and concluded a sales contract between November 5, 2007 and July of the same month with the buyer of the instant apartment.

[Evidence] Facts without dispute, Gap evidence Nos. 1-1-120, Gap evidence No. 2-3-5 and the purport of the whole pleadings

2. Determination on the plaintiffs' claim for the amount of support agreement for residents

A. The Plaintiffs, which caused the instant claim, demanded the Defendant to compensate for the damages on the grounds that the construction result differs from the details of the public announcement of invitation. The Defendant asserted that: (a) the Defendant and the representative group of the residents occupying the apartment of this case paid KRW 100 million for the expenses for the installation of the emblem center and the community facility; (b) the Defendant paid the balance to the households that paid in full and moved in by September 14, 2010, and paid KRW 1 million per household as the expenses for the director’s support; and (c) the Defendant claimed for the payment of the expenses for the joint management for the households moving in on July 31, 2010 to the households moving in by July 31, 2010.

B. According to the reasoning of the judgment, Gap evidence No. 3-1 to 7, and witness D’s testimony, the club consisting of prospective occupants of the apartment of this case (hereinafter “the prospective occupants’ association”) on June 1, 2010, build a multi-household housing following the apartment of this case to the defendant.

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