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(영문) 서울동부지방법원 2013.11.07 2013가합1592
손해배상
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The defendant company argued that the plaintiffs' claim was made on January 2, 2005 or around February 2, 2005 to allow the non-party C Regional Housing Association (hereinafter "the non-party C Housing Association") to purchase the unit unit of non-party C to purchase the unit unit of non-party C Housing Association (hereinafter "non-party C Housing Association"), without any additional burden. The defendant company failed to perform this, and caused the plaintiffs to pay the additional share of KRW 197,410,00 in addition to the unit unit price. The defendant company, on March 2012, ordered the non-party association to pay the additional share of KRW 197,410,00 in addition to the unit price of the unit price. At the time of

Therefore, the Defendant Company should pay 147,410,000 won and damages for delay calculated by deducting the amount of KRW 50 million returned from KRW 197,410,000 to the Plaintiffs due to nonperformance or tort damages until July 4, 2013.

Facts of recognition

The non-party association is a regional housing association under the Housing Act established around October 18, 2007 for the purpose of the business of building and supplying apartment buildings using Seongdong-gu Seoul Seongdong-gu D D D in the business site (hereinafter “instant business”). The defendant company is an executory agency delegated by the Preparatory Committee for the Establishment of the Non-party Association on October 27, 2000 with the authority to implement the instant business, and the plaintiffs are members of the non-party association recruited by the defendant company.

On January 19, 2005, the Defendant Company agreed to sell 32 square-type apartment units at the fixed sale price of KRW 320 million upon receiving an application for membership from Plaintiff B, and on February 1, 2005, upon receiving an application for membership from Plaintiff A, and stipulated the same matters as stated in attached Table 1.

(hereinafter “instant agreement”). On February 9, 2007, the Preparatory Committee for the Establishment of the Non-Party Association held a general meeting on February 9, 2007, passed a resolution to increase the members’ contributions from KRW 180,000 to KRW 200,000 for the 23th square, and from KRW 240,000 to KRW 315,000 for the 33th square, the Defendant Company.

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