logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.12.12 2012가합88810
청산금등 대위청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. AM reconstruction housing association (hereinafter “Non-Party Association”) is established to promote a reconstruction project (hereinafter “the instant project”) of AO, which is an aggregate building of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Plaintiffs are creditors against the non-party association, and the Defendants are members of the non-party association.

B. On June 8, 2005, the non-party union entered into a contract for a reconstruction project with AP (hereinafter “AP”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

AP newly built A Q apartment (hereinafter referred to as "the apartment of this case") on the ground of Yangcheon-gu Seoul Metropolitan Government pursuant to the above construction contract.

C. With respect to the instant apartment No. 104, 403, and the Plaintiff B determined the sales price on August 29, 2006 as KRW 200,00,000 for each of the instant apartment No. 105, 703 as to each of the instant apartment No. 105, and each of the instant apartment No. 200,000 with the Nonparty Union and AP (hereinafter “each of the instant sales contracts”), and the Plaintiffs paid KRW 200,000,000 as the sales price for the same day to the Nonparty Union.

The plaintiffs asserted that since the sales contract of this case against the non-party union was cancelled due to the reasons attributable to the non-party union, the non-party union should pay to the plaintiffs the sale price of 200,000,000 won and damages for delay thereof, each of them should be restored to its original state, and the Seoul East Eastern District Court 2008Gahap2935. On September 5, 2008, the above court rendered a judgment in favor of the plaintiffs that on March 20, 2008, the non-party union shall pay to the plaintiffs 200,000 won and 20% interest per annum from March 20, 2008 to the day of full payment.

The appellate court (Seoul High Court 2008Na92697) which was proceeded with the appeal of the non-party union was sentenced to the dismissal of appeal on May 8, 2009, and the Supreme Court is the Supreme Court of Korea which was proceeded with the appeal of the non-party union.

arrow