beta
(영문) 서울중앙지방법원 2017.08.24 2016가합501366

약정금 등

Text

1. The part concerning the claim for additional construction cost of the instant lawsuit shall be dismissed.

2. The plaintiff's remainder against the defendants.

Reasons

1. Facts of recognition;

A. Relevant Defendants of the parties are owners of 12 households located in Seocho-gu Seoul, Seocho-gu, and they engaged in the business of constructing a P apartment (hereinafter “instant apartment”) comprised of 19 households in the size of 11 stories underground and 11 stories above ground in the same location (hereinafter “instant apartment”). The Plaintiff is a company that constructed the instant apartment by contract with the Defendants (hereinafter “instant construction”).

B. On December 7, 2013, the Defendants agreed to appoint the instant construction period from March 1, 2014 to February 28, 2015; the construction amount of KRW 2,698,963,00; and upon completion of the instant apartment, 12 households out of the apartment shall belong to the Defendants; and the remaining seven households shall be the Plaintiff’s share; the said seven households shall be sold in lots at the Plaintiff’s responsibility and the construction cost, etc. shall be executed; the Defendants shall receive loans from the Defendants for the purpose of financing the project cost before the payment is made; and all funds management related to the instant project, including the above loans, sales price, construction cost, etc., shall be delegated to the trust company (hereinafter “instant project agreement”).

(3) The main contents of the instant project agreement are as follows: (a) the construction of the building in Seocho-gu Seoul Metropolitan Government N as a 19-household apartment building; (b) the existing owner (the defendant; hereinafter referred to as the "owner") has 12 households newly built (the selection of a floor number lot) and the remaining seven households have been registered as a custodian for the settlement of project costs (the plaintiff; hereinafter referred to as the "City Corporation") after the preservation registration as a substitute for the project cost.

4. The owner has determined the fund management plan attached to the contract for construction works, and the owner shall delegate the execution of the fund pursuant to the fund management plan to the trust company;

6. The owner shall make the convenience in the management of the fund; and