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(영문) 서울중앙지방법원 2015.11.19 2014가합333

손해배상

Text

1. Of the instant lawsuit, the part concerning the claim for damages in lieu of defect repairs is dismissed.

2. The plaintiff's remaining claims.

Reasons

Basic Facts

The plaintiff is a project undertaker who constructed and sold the Annyang Dumb apartment (hereinafter referred to as the "the apartment of this case") located at 103, Annyang-gu, Annyang-gu, Annyang-si.

The Defendant is a construction work that was constructed by being awarded a contract with the Plaintiff for the new apartment construction work.

On October 16, 2007, the Plaintiff entered into a construction contract with the Defendant on October 16, 2007, under which the construction contract was entered into, and the main contents thereof are as follows.

(hereinafter referred to as the “instant construction contract”). The construction project (main contract) agreement for the reconstruction project of Ansan Han-mar Han-mar and Han-mar Han-mar

4. Details of business: Construction of new construction facilities approved by the project approving authority on April 10, 2007;

6. Construction period: 29 months after relocation is completed (including three months after removal).

7. The plaintiff and the defendant shall observe Acts and subordinate statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, the Rules on Housing Supply, the Act on Ownership and Management of Condominium Buildings, etc., and the articles of association (laws) of the partnership, and shall implement this contract in accordance with mutual trust and good faith to ensure that

The scope of the construction work to be executed by the Defendant under Article 2 (Scope of Construction Works) of the Construction Contract Terms and Conditions shall be the scope of construction work for the removal of the existing building on the land provided by the Plaintiff, and for the construction of the apartment and its appurtenant and welfare facilities under the housing construction project plan (including the amended authorization; hereinafter

Article 5 (Repayment and Contribution) (1) The details of payment in kind and contribution of a newly constructed apartment on the previous land or building owned by a member of the Plaintiff under Article 4 (1) shall be as specified in the management and disposal plan.

註 조합원 분담금 내역 기준

1. The criteria for “acquisition” design drawings and specifications for project implementation authorization. Article 9 (Supervision of Authorization and Permission Affairs) shall apply;