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(영문) 인천지방법원 2017.05.26 2016가단50664
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 160,000,000 and the period from January 22, 2015 to October 27, 2016.

Reasons

1. Facts of recognition;

A. Defendant B-building housing association (hereinafter “Defendant Association”) is a corporation established on July 30, 2003 in order to remove existing houses in Incheon Gyeyang-gu and D-ground B complex and construct new apartment and commercial buildings with the size of 2 underground floors and 15 floors above ground (hereinafter “instant building”).

B. On March 21, 2006, the Defendant Mutual Aid Association concluded an implementation and construction contract for the said reconstruction project with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and agreed to vest all buildings other than the shares of the Mutual Aid Association after implementation in the Defendant Company.

C. On April 13, 2007, the Defendant Cooperative held a board of directors and passed a resolution to the effect that the entire shares of the second floor construction project in the commercial buildings divided as owned by shares between the Defendant Company and its members, the entire shares in the commercial buildings in the commercial buildings in which the shares are divided as owned by the City Corporation (as for the housing units, the name of the Defendant Company) shall be paid as the amount of the second construction work, and all rights to the sale shall be delegated.

On August 2009, the Plaintiff entered into a sales contract on 1409 of the instant building with the Defendants (payment of KRW 160 million in cash). On August 13, 2009, the Plaintiff paid KRW 100 million to the Defendant Company, and KRW 60 million to the Defendant Cooperative on September 11, 2009.

The sales contract of August 14, 200 on the above 1409 stated that 281,424,000 won has been fully paid, and the defendant union, the defendant company, and the plaintiff's seal, who are the buyer, are affixed respectively.

E. While the Defendants failed to complete the registration of ownership transfer as to the above 1409 pursuant to the instant sales contract to the Plaintiff, on November 27, 2009, the registration of ownership preservation was completed in the name of the Defendant Cooperative, and the auction procedure for the Incheon District Court was conducted. Accordingly, the instant building was sold to the Multilater Co., Ltd. on January 21, 2015.

[Grounds for Recognition]

1.: Facts without dispute, Gap evidence 1 to 9.

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