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(영문) 춘천지방법원강릉지원 2020.04.29 2019가단35250

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A. Around 2016, Gangnam District Housing Association (hereinafter referred to as the “instant association”) established to build a new apartment with 318 households at the Gangnam-si J branch (hereinafter “instant project site”) concluded a design service contract with the Defendant, and entered into a design service contract with L Co., Ltd. (hereinafter referred to as “L”), and carried out the affairs such as purchase of land and recruitment of union members.

B. On March 11, 2017, the instant association opened an inaugural general meeting, and passed the resolution on the determination of the bylaws of the association, the president and the officers of the association, the selection of business service companies and the ratification of the business execution contract, and the business execution plan (such as the change from the existing 318 households to 466 households).

C. On April 14, 2017, the instant association filed an application for authorization to establish a housing association with the number of members of Gangseo-si City Mayor having 288 and building an apartment building with 467 households. On June 2, 2017, the Gangnam-gu Mayor approved the establishment of the instant association with the number of members of 265 and with 80% or more of the scheduled number of members, filed an application for approval of the project plan by inviting members to recruit members and filing an application for approval of the project plan, and the conditions attached to the application for approval of the project plan if the Gangwon-si Ma (hereinafter “the instant railroad site”) which is a State-owned land adjacent to the south of the instant project site does not fall under the “public notice in which construction is not permitted” as stipulated in Article 86(6) of the Enforcement Decree

(The provisions of the Enforcement Decree of the Building Act are to guarantee the separation distance between buildings in order to secure sunlight, etc.

On the other hand, the business service contract prepared by the Defendant and the instant association as of June 15, 2017 shall include 467 households in the number of apartment units to be constructed, but shall be determined in the final size after obtaining approval from the competent authority for the business plan. The service contract shall be determined as KRW 13,200,000 per household (including surtax).