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(영문) 광주고등법원(전주) 2020.10.29 2019나13402
손해배상(기)
Text

1. The judgment of the first instance court, including the ancillary claim added by the plaintiff E at the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. A. Around January 27, 2012, N Co., Ltd. (hereinafter “N”) filed an application for approval for the housing construction project plan with the content that a new apartment (hereinafter “instant apartment”) is built on the old-gu O and 32 lots of land (hereinafter “instant apartment”) and obtained approval from the Jeonju market around April 23, 2012.

B. The written application for the approval of the housing construction project plan submitted by N in the Jeonju City was indicated as the instant apartment building with five buildings (I to Jdong) where the total of 310 households belong, and one dong and Pdong (Pdong). However, the number of commercial buildings was indicated as “ underground 1st floor,” and there was no change in the design for the commercial buildings until the completion of the instant apartment.

C. On November 17, 2014, the Defendant acquired the instant apartment construction project, and made a public announcement on the supply of five stores located in the Pdong (Pdong) (hereinafter “instant commercial building”) around June 2015, the location of the commercial building was indicated as “the first floor above the ground,” and the heading room as “I or Jho,” and publicly announced as follows.

The location of the public announcement of the supply of H neighborhood living facilities (commercial buildings in a complex) in Jeonju Qdong multi-family housing: O and 32 lots of commercial buildings in Seojin-gu, Seoul Special Metropolitan City, and H.

2. Supply scale: 1st floor, 5 stores (including a unit: 25,000 square meters, won, and value-added tax) with the exclusive use area of each unit on each unit of 1st and 5 stores on each unit of 80.2950 5.6797 85.9747 171.030 260,000 260,000 78.780 K 7805 84.3525 167.80 25,800 25,000 25,000 78.780 780 825 84.357.80 167.80 805,700 78.780 5,780 788.57 84,57 200 7.16305,5308 16.305 2014,7405

4. Methods of supply: The minimum bidding price for each store at least the fixed price for each shop open competition.

D. As the Defendant has failed to respond to the instant commercial building for a long time due to the lack of a bidder, it recruited several buyers at a discount of 20 to 30% from the initial selling price (minimum bidding price) on the condition that the instant commercial building is sold in lots at once, and the Plaintiffs as set forth by the Defendant around July 2015.

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