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(영문) 서울중앙지방법원 2019.06.19 2018가합580646

재단채권 이행 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Construction contract conclusion and discontinuance of construction 1) The Plaintiff removed a lot of ground A apartment outside Gangdong-gu Seoul Metropolitan Government, and newly built apartment and ancillary welfare facilities (hereinafter “instant project”).

In order to implement the project, it is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on April 27, 2007. Article 4 (Method of Implementation of Projects) (1) of the terms of the construction contract (hereinafter “Plaintiff”) / [B] provides Party A with the land and buildings of the Gangdong-gu Seoul Metropolitan Government and one parcel, which are owned by Party A and its members, and in return for the supply of the newly constructed apartment and its appurtenant welfare facilities as substitute.

A) With respect to the land provided by A through the input of a building and the construction of a building facility, the apartment and auxiliary and welfare facility newly built on the condition of payment in kind in accordance with the criteria of Article 5 shall be supplied to A, and the remaining building facilities shall be appropriated for the construction project cost. B may not additionally claim for the construction cost even if the general sale price and the members’ charges fall short of the above construction project cost. In addition, B shall transfer to A the remainder after appropriating the construction project cost with the remaining general sale price and the amount remaining after appropriating the construction project cost to the public sale price. < Amended by Act No. 5 (Criteria for Payment in Kind) ① Article 4(1) of the Act No. 4 (Standards for Payment in Kind), A shall construct a newly built apartment on the previous land and building owned by its members, and shall pay to its members free of charge the apartment or ancillary and welfare facility corresponding thereto by applying the final charge system with an average share and refund amount of the new apartment as follows:

32.Financial costs, various guarantee costs, respectively.