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(영문) 서울중앙지방법원 2014.04.02 2012가합64654
손해배상(기)
Text

1. The plaintiffs and the plaintiff succeeding intervenors' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Coin Assets Trust Co., Ltd. (hereinafter “Defendant Coinco”) is a company that newly constructs and supplies apartment units of 20 to 22,190 units above the ground level 20 to 30 units above the ground level 20 to 30 units above the ground level 20 to 20 units 2190 units above the ground level 20 to 30 units under the management-type investment trust method after being entrusted with the M land by Defendant Jinco Assets Trust Co., Ltd. (hereinafter “Defendant Coin”), and the Defendant Coinco’s members are the truster of the said M land to Defendant Coin Co., Ltd., and the colon of the instant apartment units.

B. The plaintiffs around December 2009 and attached Form 3

2. As to each of the households mentioned above, each sales contract (hereinafter “each of the sales contracts in this case”) was concluded with each of the sale prices stated in the “sale price” column.

C. On September 21, 2012, the Intervenor G succeeded from Plaintiff B, the Intervenor H, and I succeeded to the Plaintiff’s status as the contractor based on the instant sales contract from Plaintiff C on September 21, 2012.

From this point of view, the Intervenor succeeding to the Plaintiff from the Plaintiff D on August 13, 2012, and from the Plaintiff E on September 17, 2012, the Intervenor succeeding to the Plaintiff acquired the Plaintiff’s status as the contractor based on each of the instant sales contracts from the Plaintiff F on August 31, 2012, and from the Plaintiff F on August 31, 2012, the said Plaintiffs withdrawn from the instant lawsuit.

(hereinafter “Plaintiffs” without distinguishing between the Plaintiff’s succeeding intervenors and the Plaintiffs (hereinafter “Plaintiffs”). / [Grounds for recognition] without dispute, the entries in subparagraph 1-1, 2, and 3-1, as well as the purport of the whole pleadings.

2. Summary of the plaintiffs' assertion

A. The Defendants are important matters regarding the separate construction of the instant apartment complex by Dong, the establishment of the NTX Station of the Gyeong line NTX route and the extension of GTX route, the size and purpose of the O Park, the opening of P University and QX campus, the view of the 45 square type of the instant apartment complex, and the structure and common area.

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