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(영문) 서울중앙지방법원 2017.09.07 2016가합578441

대체적 환취권에 기한 금전지급

Text

1. The defendant is the plaintiff corporation and the plaintiff corporation. 1,210,000,000 won for the land readjustment project cooperative in Jinjin-gu and Jinnam District.

Reasons

1. Basic facts

A. The execution of the land readjustment project and the construction contract contract for the land readjustment project for the land rearrangement project in the Jinjin-gu Seoul Special Metropolitan City and the land readjustment project partnership for the land rearrangement project of the plaintiff (hereinafter "Plaintiff union").

(3) Around April 1, 1999, the area was changed as above on April 1, 1999 (hereinafter referred to as “instant project district”). Around 1,437,841 square meters at the same time as the land of the 1,437,841 square meters at the Jindo-dong and Pungdong-dong, Ulsan-dong, Ulsan-do, which was enforced from around 1998.

(2) The land readjustment project of this case (hereinafter referred to as the “land readjustment project of this case”)

(2) On August 28, 1998, the Plaintiff Union concluded an agency contract (hereinafter “instant agency contract”) with the Plaintiff Union to pay the land allotted in recompense for development outlay (hereinafter “instant land allotted in recompense for development outlay”) located in the instant project district in order to compensate for the damages related to the said agency project and the expenses incurred therein, if the Plaintiff Union vicariously performs all the affairs such as the project approval work regarding the instant land readjustment project, the preparation and approval work of the design plan, the construction work execution and removal compensation work, including the fact that the land was contracted with the Plaintiff Union for the construction work of the instant land readjustment project from the Plaintiff Union.

3) On January 28, 1999, the Plaintiff Union specified the instant land readjustment project construction project, which is based on the instant land substitution project as one of the instant land substitution projects, separately with the construction cost of KRW 100,80,926,00, and the construction period is set from January 29, 199 to August 13, 200, and the construction period is set as the period from January 29, 199 to August 13, 2003 and entered into a contract for construction works (the said contract for construction works is included as part of the instant land substitution contract; hereinafter the said contract for construction works is referred to as the “instant contract for construction works”; and the said contract is referred to as the “each of the instant contracts”

In concluding the instant construction contract, the construction cost under the instant construction contract is stipulated in the instant agency contract.