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(영문) 서울서부지방법원 2017.05.18 2016가합34908

청구이의

Text

1. The Defendant’s deed No. 197, No. 201, Oct. 14, 2014, regarding the Defendant’s Plaintiffs, is written in the No. 197.

Reasons

1. Basic facts

A. On September 1, 2008, 2008, the E-Financial Renewal Promotion Zone Housing Redevelopment and Rearrangement Project Association (hereinafter “instant redevelopment project association”) was established in order to carry out a housing redevelopment improvement project with the Franchis 59,694m2 of Seodaemun-gu Seoul Western District as a project implementation district.

Plaintiff

A is the president of the redevelopment partnership of this case, and the rest of the plaintiffs are directors of the redevelopment partnership of this case.

B. As to the above redevelopment and improvement project, the redevelopment association of this case concluded an agreement with the Defendant to borrow the project cost necessary for the implementation of the above project by awarding a contract to the Defendant for the new construction of building facilities authorized by the head of Seodaemun-gu Seoul Metropolitan Government.

(hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

Article 7 (Contract Amount for Construction Work) (1) The construction contract amount to be paid to the Defendant by the redevelopment association of this case shall be calculated by multiplying the total floor area authorized by the head of the competent local government by the unit cost of construction per 3.305 square meters per 3058 square meters, and the unit cost of construction per 3.30

Provided, That the value-added tax on apartments and ancillary facilities (such as underground parking lots) in excess of the scale of national housing under the Value-Added Tax Act and the Restriction of Special Taxation Act shall be separately imposed

(B) The construction cost of the total construction cost [Ⅰ] 3,819,145 won//3.3058 square meters / [Ⅱ] 69,855 won/3.308 square meters / 100 square meters / [3,889,000 won/3.3058 square meters / 3058 square meters / The Defendant may directly borrow from financial institutions by the redevelopment association of this case, following consultation with the redevelopment association of this case at the request of the redevelopment association of this case for the implementation of the project:

1.The aggregate limit of interest-free loans (hereinafter referred to as "priority loans") above shall be 100 million won per annum ( 25,000,000), and shall be converted into interest loans if it exceeds this amount.

The above.