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(영문) 서울북부지방법원 2017.01.19 2016가합336
위약금
Text

1. As to the Plaintiff KRW 244,342,872 as well as KRW 65,00,00 among them, the Defendant shall start January 14, 201 and gold KRW 4,122 as to the Plaintiff.

Reasons

1. Basic facts

A. (1) On September 27, 2016, when the instant lawsuit was pending, the Plaintiff A Housing Redevelopment Partnership was declared bankrupt on September 27, 2016 by the Seoul Central District Court 2016Hahap10183, 2016Hahap104 (Joinder), and the Plaintiff B was appointed as the bankruptcy trustee, and the said bankruptcy trustee took over the instant lawsuit.

(2) On February 4, 2004, the Defendant, as a certified judicial scrivener, entered into a delegation contract with the Plaintiff on various advice and registration related to housing redevelopment projects (hereinafter “instant delegation contract”) and the Plaintiff’s application for modification of the management and disposition plan, authorization of completion of rearrangement projects, sale disposition, liquidation procedures, modification of the articles of incorporation and redevelopment projects, etc. (hereinafter “instant advisory contract”).

B. (1) Around June 10, 2005, the Defendant notified the Plaintiff of the fact that “The costs of KRW 519,864,920, totaling KRW 296,642,80, and KRW 223,222,120, and KRW 519,864,920, in order to cancel the previous land, preserve the ownership of the land, preserve the ownership of the building, and preserve the ownership of the previous land and the building,” etc. in accordance with the instant delegation contract.

However, the defendant did not perform the above registration duties.

(2) Around October 19, 2005, the Plaintiff notified the Defendant of the withdrawal of the instant advisory contract on the grounds that the Defendant used the Plaintiff’s corporate seal stolenly.

(3) The defendant tried to accept the registration of the ownership preservation of divided ownership of the plaintiff's members and general buyers following the completion of the above redevelopment apartment, but did not accept it eventually.

(4) Around 2006, the Defendant unilaterally delegated the registration to a third party, even though the Plaintiff concluded the instant delegation contract with the Defendant, as Seoul Central District Court 2006Gahap53509.

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