손해배상(기)
1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:
In the lawsuit of this case.
1. Case summary
A. The Plaintiff is a housing reconstruction and rearrangement project association established for the purpose of removing existing A apartment units on the land outside the Seo-gu Incheon Metropolitan City and constructing reconstruction apartment units (hereinafter “instant apartment units”), and the Defendant is a company established for the purpose of constructing housing.
B. On September 4, 2002, the Plaintiff obtained project implementation authorization for the reconstruction of the instant apartment from the head of Seo-gu Incheon Metropolitan City, the competent authority. On February 23, 2005, the Plaintiff entered into a contract with the Defendant to contract the construction of the instant apartment (hereinafter “instant construction contract”).
The main contents of the instant construction contract are as follows.
Site area: 87,605 square meters of total floor area: 331,685.00 square meters of 296.04% of building size: 296.04% of underground floors, 18-25 stories, 25 Dong-dong 2,276 households (general sale 649 households) and auxiliary welfare facilities: The scope of construction works to be executed by the Defendant on the site provided by the Plaintiff shall be limited to the scope of construction works, such as apartment and incidental welfare facilities, under the housing construction plan approved by the competent authority (including approval for modification; hereinafter the same shall apply) on the land provided by the Plaintiff.
Article 4 (Method of Implementation of Projects) (1) This contract is a final equity share, and the plaintiff provides the defendant with one parcel of land outside the Seo-gu Incheon Metropolitan City, Seo-gu, and two parcels of land owned by the plaintiff and the plaintiff's members, and is supplied with the newly built apartment and its appurtenant welfare facilities
In such cases, land provided to the defendant refers to land in a state that does not impede the commencement of construction by the defendant by securing ownership and right to use land.
Article 9 (Supervision of Authorization and Permission Affairs) All affairs related to the relevant business shall be supervised by the plaintiff, and the defendant shall actively cooperate therewith.