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(영문) 서울중앙지방법원 2016.10.19 2015가단5227294

구상금

Text

1.(a)

Defendant A’s KRW 205,396,082 and KRW 205,009,782 among the Plaintiff and the Plaintiff’s KRW 205,09,782 from January 15, 2015 to July 16, 2015.

Reasons

Basic Facts

Defendant D Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) that implements a housing reconstruction project is a reconstruction improvement project association that completed the registration of incorporation on June 30, 2003 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) after obtaining authorization for establishment (title at the time of being amended by Act No. 6916, May 29, 2003) from the head of Seongdong-gu Seoul Metropolitan Government pursuant to the former Housing Construction Promotion Act (amended by Act No. 6916, May 29, 2003) from the head of Seongdong-gu Seoul Metropolitan Government.

As a project implementer subject to the approval of the above housing construction project plan, the Defendant Union was promoting the housing reconstruction project by newly constructing and selling “I” on the ground of H large 2922m2.6m2 in Seongdong-gu Seoul.

Around May 201, Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a contract for the new construction work of “I” with Defendant E Co., Ltd. (hereinafter “Defendant E”), and the general sale portion remaining after the sale to the members as a content thereof is determined as Defendant E’s share, and Defendant E can dispose of it at will and appropriate it as project cost, construction cost, etc., but Defendant Co., Ltd agreed to provide Defendant E with a sales contract with its seal affixed thereon.

Defendant E entered into an agreement to sell part of the general allotment of “I” to the Defendants using the sales contract signed with the seal affixed by the Defendant Union in accordance with the agreement, and the details thereof are as follows.

On December 27, 2011, the real estate indicated in paragraph (1) of the indication of Attached Property No. 1 (hereinafter “instant 106”) to Defendant A is sold to Defendant B at the price of KRW 495 million on December 26, 2011, the real estate indicated in paragraph (2) of the indication of Attached Property No. 1 (hereinafter “instant 201”) shall be sold to Defendant B at the price of KRW 499,90 million on January 22, 201.