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(영문) 서울중앙지방법원 2014.12.05 2012가합107612

지장물이설비용상환청구 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a)the key to the application without change;

(2) The defendant need not request the adjustment of the unit price of construction contract even in the event that the ground conditions change, such as the discovery, etc. of rockies and bricks different from the geological survey document provided by the plaintiff.

Article 14 (Removal of Obstacles) (2) Removal of obstacles in the project site shall be commenced after the relocation of 100% by the resident.

(hereinafter 5) The Plaintiff and the Defendant may separately determine the period, method, etc. of removal, in consultation with the authorized administrator, with respect to supply facilities, such as communications facilities, electric facilities, water supply facilities, and urban gas facilities, within the project site.

Article 15 (Business Expenses) (1) The business expenses under this contract shall be as follows, and the defendant shall lend interest-free interest to the plaintiff:

16. Metropolitan transport facility charges / infrastructure charges / the cost of carrying out construction works / the cost of moving the sewerage / the cost of moving the basic moving expenses (average of 2.5 billion won/households) 51 billion won (average of 2.5 billion won/households) and 204 members of the association * the burden of financial expenses by the defendant (on the date earlier than the due date or the due date of moving) * within the limit of the amount of rights of the association members and the limit of the amount of loans extended to financial institutions to loan differential moving expenses to the financial institutions in accordance with the limit of the amount of loans to which the rights of the association members and the limit of loans to the financial institutions are to be extended,

1. Minimum relocation expenses:1.20 million won (in the case of the plaintiff's member whose basic relocation expenses are less than 1.20 million won due to a shortage of security, the defendant shall lend the difference to the plaintiff's member without interest by the date of actual relocation or the due date of designation of occupancy under the plaintiff's guarantee).