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(영문) 서울중앙지방법원 2016.08.25 2014가합545362
손해배상(기)
Text

1. Claim against the Defendants by Plaintiffs A, B, D, E, F, G, H, and I and Defendant J-Housing Reconstruction Association by Plaintiff C.

Reasons

1. Basic facts

A. The party status 1) Defendant J Apartment Housing Reconstruction Project Association (hereinafter “Defendant Association”)

The apartment of this case (hereinafter referred to as “the apartment of this case”) is located on the 24,161.6 square meters of the plot of land outside Gangnam-gu Seoul, Gangnam-gu and four parcels.

(1) A housing reconstruction project for the housing reconstruction project (hereinafter “instant rearrangement project”);

The reconstruction association which obtained authorization from the head of Gangnam-gu Seoul Metropolitan Government on November 18, 2002 to implement the project is a reconstruction association. The defendant association is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(2) Upon the enactment on December 30, 2002 and the enforcement on July 1, 2003, the establishment registration was completed on July 29, 2003.2) Defendant Hyundai Industries Development Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a contractor who entered into a contract for construction works on the instant rearrangement project with the Defendant Cooperatives around March 28, 2008.

(3) Plaintiff A was a member of the Defendant Union, who owned the instant apartment 35 Dong 602, and the instant apartment 33 Dong 301, respectively. (4) Plaintiff C was a member of the Defendant Union, who owned the instant apartment 34 Dong 202, on January 12, 2016, and was disqualified from ownership by selling the said apartment 34 Dong 202.

Plaintiff

D was a member of the defendant's association who owned 33 dong 304, the apartment of this case, and was a person who sold the above apartment and lost ownership on February 22, 2016.

Plaintiff

E was a member of the Defendant Union, who owned the instant apartment 35 dong 906, but was a person who sold the said apartment on September 23, 2014 and lost ownership.

Plaintiff

H was a member of the defendant's association who owned 35 Dong 102, but was a person who sold the above apartment on August 17, 2015 and lost its ownership.

5) On September 22, 2014, Plaintiff F was a member of the Defendant Union, who owned the instant apartment Nos. 35-407, 35-dong 407, and the said apartment is a successful bid in the real estate auction procedure (Seoul Central District Court).

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