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(영문) 서울고등법원 2017.09.15 2017나2015704
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 31, 2006, D Co., Ltd. (hereinafter “D”) started construction works around October 2006 after obtaining approval for a construction project plan for a new complex consisting of apartment buildings (hereinafter “residential buildings”), parking lot Dongs, and commercial buildings on E and F ground.

B. The above complex was composed of six aggregate buildings in Adong, B Dong, and commercial building (hereinafter “Adong”), Cdong, and D Dong and commercial building (hereinafter “Cdong”). The above complex is indicated as having real estate listed in attached Table 1 (hereinafter collectively “instant store”) in the design drawings, etc. submitted by D in Sungsung City for the approval of the project plan.

Around May 2007, the public area of the store of this case is not also included in the public area of residential facilities subject to sale, on the premise that the commercial buildings in the residential building shall be installed as separate sales facilities even in the public announcement of invitation of residents and the sales contract with each occupant after obtaining approval for sale.

C. The above complex obtained approval for use on September 3, 2010. The store of this case was registered in the aggregate building register of commercial buildings separated from each residential Dong, if it is located on the first floor above each residential unit like the initial design.

D) On September 17, 2010, the Plaintiff completed the registration of preservation of ownership as a sectioned building included in the commercial building building. On February 9, 2015, the Plaintiff completed the registration of establishment of chonsegwon on the stores listed in attached Tables 1 through 5 and 7 (hereinafter “the same method”) among the instant stores, and the registration of ownership transfer on the 6 and 8 stores.

E. The council of occupants' representatives A is the council of occupants' representatives consisting of the above residents living together, and the defendant C was the chairperson of the council of occupants' representatives, and the defendant B corporation (hereinafter "Defendant B") was the purchaser of housing.

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