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(영문) 서울북부지방법원 2020.01.16 2018가합27663

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff of the parties is a housing redevelopment and consolidation project association that obtained authorization on October 2, 2006 and registered on October 10, 2006 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a A-Housing Redevelopment and Improvement Project (hereinafter “instant project”) which is a project implementation district of Dongdaemun-gu Seoul Metropolitan Government Group C.

The defendant is a person who served as the president of the plaintiff's association from November 10, 208 to November 16, 2013.

B. The scope of construction works to be executed by Article 2 (Scope of Construction Works) D of the Construction Contract Progressive Conditions for the instant project is to be the scope of construction works within the scope of the site subject to the project within the scope of the final project implementation plan approved by the head of the competent local government.

Article 7 (Amount of Contract for Construction Work) (1) The construction cost to be paid by the Plaintiff to D shall be the amount calculated by multiplying the total floor area of the construction facility, which is finally approved by the head of the competent local government, by the unit cost of construction per square meter (1,146,500 won (per square meter).

(2) The construction amount as referred to in paragraph (1) above shall be the amount calculated on the basis of the closing level as referred to in Article 22.

Article 22 (Standards for Construction Works) (1) Criteria for D Construction Works shall be governed by design documents for a project plan approved by the head of the competent local government on site under Article 4 (1).

(2) The closing level of cooperative members and apartments for sale in lots shall be determined according to the finish details presented at the time of this contract.

(3) The closing level of an apartment sold in general shall be the same as that set forth in paragraph (2) above.

Article 31 (Adjustment of Amount of Construction Works) (2) If a plaintiff or a member of the plaintiff or a member of the plaintiff requests the Corporation to change materials, etc. to be used for the Corporation to improve quality and D consents to the recognition and change of propriety, the additional construction cost due to such change

(3) In any of the following cases, construction expenses may be adjusted through mutual consultation: