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(영문) 수원지방법원 2015.05.14 2013나28657
구상금
Text

1. In accordance with the expansion of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The Defendants are the Plaintiff.

Reasons

1. Basic facts

A. M apartment reconstruction project association (hereinafter “instant association”) is a reconstruction project association established to promote a reconstruction project of M apartment units with a total of 774 households located on the Gu N,O, and P surface (hereinafter “instant apartment units”) during Ansan-si, and the Plaintiff, the Defendants, the co-defendants of the first instance trial, and the designated parties were co-owners of the instant apartment units as co-owners of the said association.

B. Article 31(4) and (5) of the covenant of the association of this case provides that "a partner shall withdraw from the relevant house before the commencement date of the project determined and notified by the association, and shall be liable for compensation for all damages incurred therefrom if the partner's failure to withdraw and interferes with the implementation of the project, such as removal of the existing house, etc." The association of this case transferred to the union members by January 31, 2005 and notified the union members to file an application for parcelling-out by April 2, 2005, but transferred the real estate to the association of this case from March 8, 2006 to September 28, 2006 without filing an application for parcelling-out.

C. The association of this case, including the plaintiff and the defendants, filed a lawsuit seeking damages against the plaintiff and the plaintiff, claiming that 19 persons, including the plaintiff and the defendants, of this case delay in the fulfillment of the duty of delivery of each of the real estate owned by the association of this case, and that they suffered losses from the increase in the construction cost, etc., and the above court accepted part of the claim of the association of this case on July 22, 2008, and sentenced the judgment that "19 persons, including the plaintiff and the defendants, shall pay 30 million won to the association of this case" (hereinafter "the judgment of this case").

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