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(영문) 서울중앙지방법원 2015.01.15 2013가단339419
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a remodeling housing association established on September 24, 2009 after obtaining authorization for the establishment from the head of Gangnam-gu Office on September 24, 2009, with the members of the persons who consent to remodeling among the owners of the above apartment for the purpose of remodeling the

The Plaintiff, as the Defendant’s member, was the owner of the Gangnam-gu Seoul Metropolitan Government B Apartment No. 101, 409 (hereinafter “instant apartment”).

B. On December 30, 2009, the Defendant obtained permission from the head of Gangnam-gu to engage in the act of remodeling of the above apartment complex. On January 14, 201, the Defendant held a general meeting of members and completed the registration of trust to the Defendant, approved the construction contract form with Samsung T&T Co., Ltd. (hereinafter “T&T”) and decided to approve the remodeling plan (hereinafter “instant project”).

C. Around February 11, 2011, the Defendant submitted to its members a trust registration document, including a trust deed, from February 21, 2011 to February 26, 2011, and publicly announced that the relocation will be completed from March 1, 2011 to April 30, 201.

On April 14, 2011, the Plaintiff completed the registration of ownership transfer for the apartment of this case to the Defendant on March 10, 2011.

E. On June 26, 2011, the Plaintiff entered into a contract for the payment of the Plaintiff’s contribution (hereinafter “instant contract”) with the Defendant, the executor of the instant project, the contractor of the instant project, and KRW 287,123,623 on the instant project, to the Defendant and Samsung C&T, as follows:

(Unit: The remainder (20%) of the 3th (10%) 3th (10%) 4th (10%) 5th (10%) 6th (10%) 6th (20%) 6th (10%) on June 23, 2011, 2012, March 25, 2012, 2012.

F. The plaintiff does not have to do so.

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