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(영문) 인천지방법원 2017.06.02 2017가단2075
분양대금상당액의 손해배상
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 185,00,000 and the interest rate of KRW 15% per annum from February 2, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant B-Building Housing Association (hereinafter “Defendant Association”) is a corporation established on July 30, 2003 to remove existing houses within the Incheon Gyeyang-gu and D-based B-building complex and to construct new apartment and commercial buildings with the size of 2 underground floors and 15 floors above ground (hereinafter “instant building”).

B. On March 21, 2006, the Defendant Mutual Aid Association concluded an implementation and construction contract for the said reconstruction project with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and agreed to vest all buildings other than the shares of the Mutual Aid Association after implementation in the Defendant Company.

C. Around September 28, 2006, the Plaintiff entered into a sales contract with the Defendants on 207 of the instant building (185 million won). Around that time, the Plaintiff paid KRW 185 million to the Defendant Company.

The sales contract of the above 207 states that the sale price of the above 185 million won has been fully paid, and the seal of the defendant company, the buyer, the plaintiff and the defendant association, who are both the contractor and the seller, are affixed.

On April 13, 2007, the defendant union held a board of directors and made a resolution to the effect that the total share in the second floor construction project of commercial buildings divided into shares owned by the association members and the construction company, the total share in the second floor construction project of commercial buildings, the amount of the second construction project of apartment buildings in the amount of the second construction project, and the total rights to the sale in lots shall be entrusted to the defendant company, and the sales in lots issued by the defendant company shall have the same effect as the sales in lots issued by the defendant company.

E. While the Defendants failed to complete the registration of transfer of ownership as to the above 207 subparagraph pursuant to the instant sales contract, on November 27, 2009, the registration of preservation of ownership was completed in the name of the Defendant Cooperative. Accordingly, the Incheon District Court E auction procedure was conducted. Accordingly, the instant building is a stock company on January 21, 2015.

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