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(영문) 서울중앙지방법원 2014.12.18 2014가합543328
손해배상(기)
Text

1. Defendant B Housing Reconstruction and Rearrangement Project Association: (a) KRW 636,168,00 for the Plaintiff and its related amount from July 29, 2014 to December 2014.

Reasons

1. Under the following, Defendant B Housing Reconstruction and Rearrangement Project Association (hereinafter “Defendant Association”) newly built and sold the instant apartment in Busan Metropolitan City (hereinafter “instant apartment”) and implemented the housing reconstruction project.

(2) On February 24, 2009, Defendant Hyundai Construction Co., Ltd. (hereinafter referred to as the “instant project”). On February 24, 2009, Defendants Hyundai Construction Co., Ltd. and Dusan Construction Co., Ltd. (hereinafter referred to as the “Co., Ltd.”).

On June 8, 2011, the Plaintiff: (a) purchased the instant apartment unit of KRW 103 1701 from the Defendant Union in lots of KRW 815,60,000 (hereinafter “instant apartment unit sale contract”); and (b) paid the Defendant Union the down payment of KRW 81,560,000.

After all, the Plaintiff received a loan from the National Bank (hereinafter “National Bank”) under the guarantee of the Defendant Union, and paid the Defendant Union KRW 489,360,000 in total over six times from September 20, 201 to August 20, 2013.

[Ground of recognition] Facts without dispute, Gap 1,2, Eul 1, Eul 1, Eul 1,2, the purport of the whole pleadings

2. Determination as to the claim against the defendant union

A. Article 2(3) of the instant sales contract provides that “If the Plaintiff becomes unable to move into within three months from the scheduled date of occupancy due to a cause attributable to the Defendant Union, the sales contract in this case may be rescinded.”

The scheduled date of occupancy in the instant sales contract was January 2014, but the Plaintiff was not able to move into the instant apartment after three months from June 19, 2014, which was the filing date of the instant lawsuit.

On July 28, 2014, a copy of the complaint of this case stating the Plaintiff’s declaration of cancellation of the contract for the instant sales contract was delivered to the Defendant Union on the grounds of delay of occupancy.

In the inside of the defendant association, which is the executor, there was a dispute over the status of executive officers such as the president of the association, and the defendant association and the contractor.

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