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(영문) 서울중앙지방법원 2017.11.03 2014가합503092
부당이득금 반환 청구 등
Text

The “appointed” from Nos. 148 to 250 of the Schedule Nos. 148 to 250, except for the designated parties F, is the designated parties and others.

Reasons

Basic Facts

A. The party’s relationship 1) Seoul Yangcheon-gu Seoul apartment complex L (hereinafter “instant apartment”).

M 2) M 2 Dongs (hereinafter referred to as “M Dong”)

) 264 households and 2 N (hereinafter “Ndong”)

(2) Defendant D consists of 522 households in total with 258 households. (2) Defendant D is a project proprietor who constructed a Ndong among the instant apartment buildings and sold it to several buyers including the Plaintiff, etc., and Defendant E is a company that executed a new construction work of the instant apartment by being awarded a contract from Defendant D and the non-party partnership.

B. The contract for sale in lots and delivery of each household 1) Defendant D and the non-party association shall make a public announcement of invitation on July 2005 and disclose the house on the same day from August 2006 to the Plaintiff, etc. (hereinafter “each sale in lots of this case”).

(2) The Defendants received a pre-use inspection on the instant apartment on January 23, 2009 and delivered each of the instant apartment buildings to the Plaintiff, etc. around that time.

3) The sum of the exclusive ownership area of the instant apartment is 71,977.24 square meters (=M 36,483.5 square meters N.N. 35,493.74 square meters). The exclusive ownership area of each of the instant apartment units sold by the Plaintiff, etc. is as indicated in the “exclusive ownership area” as indicated in the attached Table. C. The transfer of assignment of assignment and the lapse of the preceding case 1) The council of occupants’ representatives of IX apartment units (hereinafter “the council of occupants’ representatives of the instant apartment units”) composed of the sectional owners of the instant apartment units from the sectional owners of 231 households among the instant apartment M. 264 households, and from the 229 households of N. 258 households, the owner of the instant apartment units acquired the right to claim repair of defects due to defects before and after the pre-use inspection, and the right to claim compensation for damages and the right to claim restitution for unjust enrichment in lieu thereof.

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