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(영문) 서울고등법원 2015.07.14 2015누36135

분담금 청구

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

A. The following are as follows. GS construction may cooperate with the Plaintiff by arranging a financial institution, or GS construction may lend it to the Plaintiff in accordance with the terms and conditions of the loan separately determined by the Plaintiff.

11. Article 15 (Lending of Relocation Expenses) (1) The Plaintiff’s relocation expenses shall be determined as follows, depending on the details of existing property rights, the Plaintiff’s relocation expenses shall be borrowed directly by the Plaintiff’s member after consultation with the Plaintiff and GS Construction, and the GS Construction shall provide support, such as the business agreement of the financial institution necessary for borrowing the relocation expenses. If the business agreement on the relocation expenses is not reached, the GSS Construction shall lend the relocation expenses of the Plaintiff’s member.

Basic relocation expenses (interest 160,000,000 won on the basis of the basic relocation expenses * Basic relocation expenses (interest-free rental) shall be the average amount on the basis of 587 households owned by the building, paid * in consideration of the appraised value * in the case of additional relocation expenses (interest) * in consideration of the appraised value * in consideration of the appraised value * the additional payment within the scope of the collateral * in accordance with the property rights details * in accordance with the property rights details. ② The interest on the basic relocation expenses shall be treated as the business promotion expenses pursuant to Article 14(1) and the construction shall be collected as loans, separate from the construction cost.

Provided, That the interest on the additional relocation expenses shall be paid by the plaintiff's member according to the interest rate presented by the procuring financial institution.

Article 18 (Suspension, etc. of Lease of Project Costs) (1) Where a plaintiff or a member of the plaintiff or the plaintiff fails to complete all the schedule prescribed in this contract (including relocation expenses, authorization of management and disposal contract, application for the allotment of association members, and general allotment contract) within the prescribed period, or delays the payment of the contract amount, GS construction shall be notified within one month, and where the implementation is not completed even after the expiration of the prescribed period, all the project implementation expenses (including basic relocation expenses).