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(영문) 의정부지방법원 2016.01.15 2015나1131

보관금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On October 201, the Plaintiff, Defendant, and the Defendant, E, F, G, H, I, J, and K, who owned the said apartment house and the apartment house on its land in Mapo-gu Seoul Metropolitan Government, agreed to remove the said apartment house and to newly construct “L”, which is a major building on the ground surface and the 6th floor above the ground, on the said land, and formed an association to promote the said project.

(hereinafter referred to as "members", both the Plaintiff and the Defendant, and D, E, F, G, H, I, J, and K.

On October 15, 2001, partners awarded a contract for a new construction project for a comprehensive development but the construction project was not carried out due to the failure of the company, and around February 2003, the Decree of the Co., Ltd. awarded a contract for the said construction project to SP Development. However, the Decree of the Co., Ltd renounced the said construction project around June 2004, and on June 15, 2004, H, one of its partners, transferred from SP development to SPP, and performed the said construction project by taking over the status of the contractor under the said contract.

C. On November 8, 2005, members, including H, the Plaintiff, and the Defendant, entered into an agreement as follows (hereinafter “instant agreement”).

- Members shall pay excess contributions to the contractor H within the period of time of occupancy or within three months after the registration of preservation, whichever comes promptly.

- The above excess contributions will be deposited in the joint passbook between H and other members in order to pay taxes such as global income tax, capital gains tax, etc. that can be generated by the commercial part if the remaining amount does not exceed 100 million won.

- If taxes, such as global income tax, etc. do not occur due to the commercial sector, the excess contributions shall be immediately refunded to H, and if taxes, such as global income tax, exceed the deposits, the excess amount shall be paid jointly by the H and the right of preservation of ownership of each commercial sector.

- The above deposited excess contributions are determined not to be levied as taxes after counseling with a certified tax accountant.