구상금 청구의 소
1. The Defendants and the Defendant (Counterclaim Plaintiff) are based on the attached Table “from June 25, 2012” to the Plaintiff (Counterclaim Defendant).
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and rearrangement project partnership established to implement a housing redevelopment and rearrangement project in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Defendants owned land, etc. in the said project implementation district, but did not conclude a sales contract with the Plaintiff within the period of conclusion of the sales contract (from June 21, 2012 to June 24, 2014).
B. The Plaintiff provided a certificate of personal seal impression, application for loans, written consent to removal, etc. in order to apply for relocation expenses to the Plaintiff’s members, and the Plaintiff did not bear interest on the loan for the basic moving expenses (30 million won limit), but the Plaintiff did not bear any interest on the loan for the additional moving expenses, and the Plaintiff provided a statement that the Plaintiff may repay the moving expenses or convert it into a long-term loan on the due date of the loan (the due date for the designation of the moving expenses).
The Defendants took out loans from the financial institution designated by the Plaintiff on March 25, 2008. The interest that the Plaintiff paid for the Defendants’ loans is identical to the amount stated in the “amount claimed” column in the attached Table, and the interest that the Defendants paid on and after June 25, 2015, lost their membership status is equal to the amount stated in the “amount paid” column in the attached Table.
C. The articles of incorporation of the Plaintiff is as follows.
Article 35 (Measures for Resettlement) (1) Members who have been removed due to the implementation of a project among residents in a project implementation district, shall expropriate a house or arrange a loan for housing funds to temporary accommodation facilities during
(2) A cooperative may arrange members who desire to support moving expenses to assist by concluding an agreement with a financial institution directly or by concluding an agreement with the constructor.
In such cases, the members of the association who are subsidized for moving expenses shall secure the land and buildings owned within the project implementation district.