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(영문) 수원지방법원 2015.03.27 2013나30599
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Determination on the cause of the claim

A. The following facts are deemed to have been led to confessions between the Plaintiff, Defendant C, J, and K under Article 150(3) and (1) of the Civil Procedure Act; and the Plaintiff, Defendant B, and F may be acknowledged by taking into account the overall purport of the pleadings as a whole in their respective descriptions of evidence Nos. 1, 2, 1, 2, and 4 (including serial numbers; hereinafter the same shall apply).

1) M apartment reconstruction and rearrangement project association (hereinafter “instant association”)

The apartment of the Q apartment of the total of 774 households located on the Gu N,O, and P ground during Ansan-si (hereinafter “instant apartment”).

(2) Article 31(4) and (5) of the rules of the association of this case provide that "the union members shall withdraw from the relevant house before the commencement date of the association's establishment and shall be liable to compensate for all damages incurred therefrom if the union members fail to withdraw from the association." The union of this case moved to the association by January 31, 2005 and notified the union members of the application for parcelling-out by April 2, 2005, but the plaintiff and the defendants, the co-defendants of the first instance court, W, X, Y (Modu19; hereinafter referred to as "the plaintiff and the defendants, etc.") did not apply for parcelling-out to the association from around March 28, 2006, as well as the association of this case, even though the union of this case notified the union members of the fact that they applied for parcelling-out by April 2, 2005.

3. The association of this case asserts that 19 persons, including the plaintiff and the defendants, etc., of this case delay the fulfillment of their duty to deliver each of the real estate owned by them to the association of this case, thereby resulting in the reconstruction project and resulting in the increased construction cost, etc.

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