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(영문) 부산고등법원 2014.09.18 2012나8475

잔여재산분배

Text

1. The judgment of the first instance, including any selective claims added at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. An overview of the parties: (a) On July 30, 2003, the Defendant is a housing reconstruction and improvement project partnership consisting of 679 members established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to remove existing buildings on the land outside D and five parcels of Busan, Suwon-gu, and construct apartment houses, 987 households and ancillary welfare facilities (hereinafter “instant reconstruction project”).

② The Plaintiffs are designated parties from the Defendant’s members as indicated in the annexed List of the Appointed Persons, and the Intervenor is the contractor of the instant reconstruction project.

B. On March 28, 2006, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Intervenor to promote the instant reconstruction project between the Defendant and the Intervenor.

② The main contents of the instant construction contract are as follows.

Article 4(Method of Implementation of Projects) (1) Each member of the Association of the Association of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union of the Union

(2) “A” shall provide “B” with the land referred to in paragraph (1) as a project site.

(3) "B" shall construct a building facility on the site referred to in paragraph (1) provided by "A" in accordance with the design documents, terms and conditions of the contract, etc. approved by the competent project implementation authorization authority, and "A" shall provide each member with the apartments and welfare facilities newly built in accordance with the free equity ratio prescribed in Article 5, and the remaining building facilities shall be sold in general and appropriated from the construction cost and the project cost (hereinafter

Article 5(Gratuitous Equity Ratio and Criteria for Payment of Contributions) (1) New apartments and welfare facilities of the previous land or buildings owned by members of the “A” under paragraph 3 of Article 4.