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(영문) 부산지방법원 동부지원 2018.07.18 2017가합105813
분양대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B apartment reconstruction and rearrangement project association (hereinafter “Defendant association”) is an association established for the purpose of the housing reconstruction improvement project in Busan Metropolitan City, Daegu Metropolitan Transport Co., Ltd. (hereinafter “Defendant company”) is the company that constructed “D apartment house” on the ground of the above project site (hereinafter “instant apartment”).

B. On October 10, 2013, E entered into a supply contract with the Defendants to purchase the aggregate building No. 720,860,000 won (the amount of partner’s right, KRW 196,383,00, KRW 524,477,00, KRW 527,000) as stated in the attached list. On the same day, F entered into a supply contract with the Defendants to purchase the aggregate building No. 720,860,00 (the amount of partner’s right, KRW 196,383,00, KRW 524,47,000) as stated in the attached list.

(hereinafter referred to as “total supply contracts entered into between E, F and the Defendants,” each of the instant supply contracts.

On January 16, 2014, the Plaintiff succeeded to the status of the parties to each of the instant supply contracts from E and F, the buyer and the Plaintiff’s children, who are the buyers of each of the instant condominiums listed in the separate sheet (hereinafter referred to as “each of the instant condominiums”).

On June 19, 2017 and June 20, 2017, the Plaintiff requested the Defendants to repair the same defects as indicated in the “Defect repair Table” attached to each of the instant condominiums, and the Defendants repaired the defects at the Plaintiff’s request, excluding the items of the “household fire door gate” in the said table.

E. Each of the instant aggregate buildings is located on the top floor of 105 apartment buildings in this case and is surrounding the common area of apartment buildings, and its specific structure is as shown in the attached Form “the ground plan of each of the instant aggregate buildings”.

On the other hand, it is located in the balcony 2 and the bedroom 3 full-scale.

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