beta
(영문) 서울남부지방법원 2017.05.12 2016가합2391

추심금

Text

1. All of the claims of the plaintiffs and the plaintiff co-litigants are dismissed.

2. Of the litigation costs, the Plaintiffs and Defendant.

Reasons

1. Basic facts

A. 1) Status of the parties concerned: G reconstruction association regardless of the degree of progress of the rehabilitation procedure

) The Yeongdeungpo-gu Seoul Metropolitan Government H Group 1,580 square meters (hereinafter “instant land”).

G buildings on the land located on the said land (hereinafter referred to as “former buildings”) with the project implementation district as the project implementation district.

(2) After removing a building, the construction of a main complex building with the size of 5 stories below ground, 12 stories above ground, 851.89 square meters below ground area, 11,551.72 square meters below ground area (hereinafter “instant project”).

(2) The Plaintiff A is a reconstruction association established for the purpose of this Act. (2) The Plaintiff A is the first floor No. 144 of the old building; Plaintiff B is the first floor No. 115 of the old building; the network I is the first floor No. 133 of the old building; Plaintiff F is the co-owner of the reconstruction association on January 14, 2012; Plaintiff C, D, and E are the successors of the network I.

3) On March 24, 2015, the Defendant, without changing the project implementer for the instant project, changed only the name of the owner of the building under construction on the instant land, and continued to complete the instant construction project. (b) On September 20, 2005, the reconstruction association concluded a construction contract for the construction of the instant main complex building with the Specialized Construction Co., Ltd. (hereinafter “Specialized Construction”) with the construction cost of KRW 11,496,543,100 (excluding value-added tax) on the condition that the construction of the instant main complex building was completed from September 18, 2005 to May 1, 2007 (hereinafter “unbuilt Building”).

2) In a lawsuit against the reconstruction association after the discontinuance of the construction work, the appellate court (Seoul High Court Decision 2013Na2014390, April 14, 2010, the construction cost to be paid by the reconstruction association to the housing reconstruction association for the housing construction is KRW 2,696,66,029, which is calculated by the enhancement rate of 22.22%.