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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Defendant D’s Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant D’s association”) is a housing redevelopment and rearrangement project association that obtained authorization on March 17, 2005 and authorization for project implementation on December 28, 2006 from the head of Dongdaemun-gu in order to implement a housing redevelopment and rearrangement project by designating a single unit of the Dongdaemun-gu Seoul Metropolitan Government H land as a project implementation district, and the Defendant Samsung C&T Co., Ltd (hereinafter “Defendant Samsung C&T”) entered into a contract on August 23, 2007 with the Defendant’s association and the Seoul Dongdaemun-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”).
B. As indicated below, the Plaintiffs concluded each sales contract with Defendant Samsung Heavy Industries, the implementer of the instant apartment, and the contractor, for the 43B type among the instant apartment units (hereinafter “instant sales contract”), and G transferred its contractual status to Plaintiff B, the wife, on August 5, 2010, even though G had the initial buyer at 105 Dong 1404.
Each sales contract includes the sale price of 145.14m2 (=exclusive area of 114.92m2m2) and 83.52m2m2 calculated on the basis of the ratio of exclusive use area.
The buyer of the housing site price of Plaintiff A 106, 1004, 1004, 2777,300,000 won on August 27, 2008, Plaintiff B 105, 205, 333,137,000 won on August 27, 2008, and 684,200,000 won on June 329, 2007, Plaintiff C107, 1104, and June 329, 207, 1104, and 67,30,000 won on June 329, 2009.
C. Since July 31, 2012, Plaintiff B completed the registration of ownership transfer with respect to 105 Dong 1404 among the instant apartment units, and Plaintiff A and C completed the registration of ownership transfer with respect to 106 Dong 1004 and 1107 Dong 104 on September 19, 2012. The Plaintiffs’ site ownership ratio was calculated based on the ratio of the sale area and registered as 80.5/45928.
Meanwhile, the details of the instant sales contract are as follows.
The implementer of the apartment building of this case (the meaning of the defendant association) is the party to the contract of this case.