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(영문) 광주지방법원 2016.12.02 2015가합3060
분양계약확인
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 38,500,000 for the Plaintiff and its related expenses on May 18, 2016.

Reasons

1. Basic facts

A. The Defendant Association is a regional housing association under the Housing Act, which was organized to build apartment houses of the regional housing association (hereinafter referred to as the “instant apartment buildings”) in the Nam-gu Seoul metropolitan area (hereinafter referred to as the “instant apartment buildings”) and approved to establish the association on December 24, 2012.

B. On April 17, 2012, the Plaintiff entered into a water compensation system with the content that the compensation for 50.9 square meters is set at KRW 38,460,00 among the 279.8 square meters in the pertinent business site located in the name of the Defendant Association and D, and transferred the instant apartment to the Defendant Association and is supplied with the instant 33 square household as a substitute.

Since the Defendant Union was prior to obtaining authorization for the establishment of a tentative B housing association, it is reasonable to view that the Defendant Union succeeded to the rights and obligations under a contract concluded under the name of the tentative B housing association with the authorization for the establishment of a tentative B housing association, and thus, all the tentatives refer to the Defendant Association

C. Accordingly, on July 30, 2012, the Plaintiff entered into a contract with the Defendant Association for the supply of 33 square-type one household (105 Dong 1701) among the instant apartment units with the Defendant Association.

(B) In the following, the agreement to join the association of this case is entered into in the extension of the above substitute compensation system, and is not a separate contract which is distinguished therefrom.

According to Article 3 (4) of the Water Compensation System Agreement, the Plaintiff’s purchase of the said land and payment of money equivalent to the amount of compensation is the method of paying the partnership contributions under the Agreement to join the instant association recognized by the Defendant Union.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff 1's assertion by the parties is the defendant union and the substitute compensation contract of this case.

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