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(영문) 서울동부지방법원 2016.07.15 2015나5172
손해배상등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. Re-building 1 of the instant building) Multi-household housing with six households above 278.3 square meters in Gwangjin-gu Seoul Special Metropolitan City, Da, Defendant, E, F, and G, which are multi-household housing owners, remove existing multi-household housing, and multi-household housing with three units in the second floor, three units in the third floor, three units in the fourth floor, three units in the fourth floor, and ten units in the second floor (hereinafter referred to as “instant building”), and specific households refer only to the number of units in the section for exclusive use.

(2) The association of this case (hereinafter “the association of this case”) under the agreement to newly establish a new association.

(2) around March 25, 2013, the instant members concluded an agreement on the instant building construction project.

The main contents are ① D as the representative of the business entity, and D comprehensively delegates all the powers of D concerning the performance of the reconstruction project from its members, and ② The members share the expenses necessary for the implementation of the reconstruction project. ② The members share the expenses to D, 201 and 401, 202 to D, 203 to D, 301 to E, 302 to E, 302 to E, 402 to F, 403 to G, 401 and 502 to be sold to third parties and used for the cost necessary for the reconstruction project.

3) The instant building obtained approval for use on October 18, 2013. Of them, the number of 201 and 401 were as follows: (i) Defendant D, 301, E, 302, F, 401, and 502 were completed in the name of G; (ii) the registration for the preservation of ownership was completed in the name of G; (iii) 202, 402, 501, and 502 were completed in the entirety of five union members. The shares in 202 were D7.17/20.94, 4.60/20.94, E3.45/20.94, 3.4/2094, 3.4/2094, 3.4/204, 3.4/204, 4.94, 204, G28/2094).

On April 2, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the Defendant’s share of KRW 100 million with respect to 202 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”), and one day of the down payment to the Defendant on the same day.

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