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(영문) 울산지방법원 2014.11.27 2013가합7659
약정금
Text

1. Defendant D Co., Ltd. shall pay to the Plaintiff KRW 478,500,000 and the interest thereon from October 31, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(2) On October 13, 2002, Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a real estate development trust agreement (hereinafter “instant real estate trust agreement”) on December 19, 2001 with the head of Ulsan-gu, Seoul-gu, and the head of the Si/Gun/Gu, with the purport of constructing and selling 1,090 apartment complexes (hereinafter “instant apartment complex”) on a trust basis with Defendant D’s land between Defendant B and the head of the Si/Gun/Gu on December 19, 2001 (hereinafter “instant real estate trust agreement”). On November 8, 2002, Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a project plan including the alteration of methods of housing supply from public rent to public sale, and obtained a modified approval from the head of Ulsan-gu, the head of the Si/Gun/Gu on November 8, 2002.

3) Defendant D completed the sale of the instant apartment on October 17, 2008. (4) The Plaintiff is an organization consisting of occupants and users of the instant apartment in order to manage the instant apartment in accordance with the Housing Act and the Enforcement Decree of the Housing Act.

B. The Plaintiff’s claim for the repair of defects and Defendant D’s cancellation of registration of Defendant D’s housing construction business operator) constructed the instant apartment without obtaining approval of the business plan from the head of Ulsan-do North Korea, and executed or had been executed differently from the existing design drawings. The content of the modified construction statement is as follows (hereinafter “the instant modified details”). The modified details indicated in the revised construction statement are as follows: (i) the modified contents are “the instant modified details”; and (ii) the modified contents indicated in the Nos. 1, 2, 6, and 7 of the said table are “unapproved construction parts”

1) On the surface of the outer wall of underground parking lots (Gdong, Hdong), underground parking lots (Gdong, Hdong), 2, underground parking lots (Gdong, and Hdong), 3, underground parking lots (Gdong), under the bottom of the law of the outer wall of the 1st underground parking lots (Gdong, Hdong), the details of the change in the contents of the approval of the project plan in the corresponding section.

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