(영문) 부산지방법원 2015.10.27 2015가단37029

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(영문) 부산지방법원 2015.10.27 2015가단37029

분양대금

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

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

Reasons

1. Basic facts

A. A. Around 2002, the Plaintiff agreed with the Defendants, who owned a co-ownership share of approximately 158 square meters in Busan Dong-gu D (hereinafter “instant land”), that the Plaintiff acquired ownership of two households of the instant land (hereinafter “construction work”), and the Defendants agreed to pay the Plaintiff the construction cost of KRW 40 million per household (hereinafter “each of the instant construction cost”).

B. Around that time, the Plaintiff started the construction of the instant building and completed the construction of lending around September 2003, and the same year.

9.1. approved by the head of the Dong-gu Busan Metropolitan City.

C. On September 26, 2003, Defendant C completed the registration of initial ownership as to Nos. 302 among the above loaned buildings, and Defendant B completed the registration of initial ownership as to Nos. 301 among the above loaned buildings on the same day (hereinafter collectively referred to as “each loan of this case”), and received delivery from the Plaintiff around that time.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3, 5, and 6 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to pay each of the construction costs of this case and the damages for delay thereof to the Plaintiff, except in extenuating circumstances.

3. Determination as to the defendants' defense

A. As to this, the Defendants asserted that the land of this case was included in the residential environment improvement area and received housing improvement funds of KRW 20 million from the Korea Housing and Commercial Bank (hereinafter “Housing Bank”) (hereinafter “Housing Bank”), and the Defendants paid each of the above loans to the Plaintiff and repaid all of the construction costs of this case.

According to the evidence No. 4-1, No. 4-2, No. 1-2, No. 1-2, No. 2, and No. 4, the defendants are the defendants on September 27, 2002.

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