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(영문) 부산지방법원 2015.12.02 2014가합12990
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On August 31, 2010, the Plaintiff is a reconstruction association established for the reconstruction project of the land in Busan-gu Busan-gu, Busan-do (hereinafter “A apartment site”). Defendant B and E are members of the Plaintiff, who were elected as the president and director by means of the fourth special general meeting of the Plaintiff and taken office on August 31, 2010. Defendant C and D were elected as the Plaintiff’s members by means of the fourth special general meeting of the Plaintiff, but were not registered as directors in the register of the Plaintiff’s shareholders.

The process of the instant reconstruction project (hereinafter referred to as the “leap development”) caused damage to the ground of a building of A apartment and neighboring I apartment units adjacent to the site of the said new construction project due to the error in construction of the above apartment units in around 1997 while the Si was designated to start the construction project on the land adjacent to the Busan-gu Busan-gu G, Busan-gu, and the construction project on the land adjacent to the Busan-gu, Busan-gu, Busan-gu, thereby undermining the ground of A apartment and neighboring I apartment units.

On August 10, 198, in order to compensate for damages to the A apartment and I apartment residents caused by the error of construction of H apartment, the company's calculation, and the plaintiff agreed that each apartment should be reconstructed and sold to each resident, but the area for exclusive use by applying 110% of the area for exclusive use of the existing apartment to A apartment residents.

On September 3, 2001, a sales contract for the land, etc. of J's J shares among the instant A apartment lots was prepared and executed with the Plaintiff on September 3, 2001, to purchase the land owned by J and to be responsible for and incorporated into the instant reconstruction project site. On February 18, 2002, in the case of No. 1 through No. 23 of the attached Table No. 8, as indicated in the J-owned Table No. 94/3,015 square meters, which is the instant A apartment site, the F-3,015 square meters, which is the instant A apartment site, and the J-owned application was filed in the Republic of Korea.

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