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(영문) 대전지방법원서산지원 2020.02.04 2018가단55413
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Under the underlying facts, facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1 to 4 and Eul evidence Nos. 4 (including branch numbers) and the overall purport of the arguments as a result of the appraisal by HO.

Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant Cooperative built a 15-dong H Q apartment (hereinafter “instant apartment”) including commercial buildings and rental apartment units at the HP unit in Seosan-si, Seosan-si, which was established for the purpose of improving the urban and residential environment and improving the residential stability and the quality of residential life by removing the buildings within the project implementation district and constructing new buildings on the site.

B. The plaintiffs are members of the defendant association or the members of the defendant association who have acquired the status of the purchaser of each unit of the apartment of this case from those who were sold in lots or acquired the status of the purchaser again from those who purchased the unit of the apartment of this case from the defendant association, and are ordered to sell the apartment of this case from April 30, 2018.

5. The move-in has been completed until 31.

C. However, in relation to the construction and improvement project of the new apartment of this case, the Seosan City only approved the approval for temporary use of the apartment of this case on the ground that the road of the above apartment was not opened in the vicinity of the apartment of this case, and on July 2, 2018, approved the implementation plan for the urban planning facility project that requires the Defendant Association to establish the HS as an urban planning facility project in the Seosan City HT Unit.

For the foregoing reason, the registration of preservation of ownership of the apartment of this case was delayed on January 7, 2019, and the registration of preservation of ownership was completed in the name of the defendant association or its members. Since then, the buyers among the plaintiffs could complete their registration of ownership transfer based on the above preservation registration of the defendant association.

E. On the other hand, the HO appraiser of this Court is as above.

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