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(영문) 수원지방법원성남지원 2015.12.11 2014가합205450

약정금

Text

1. Of the instant lawsuits, KRW 522,792,408 and KRW 27,93,254 among them shall be from May 24, 2014; KRW 320,523,153.

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of implementing a housing reconstruction project by making members of Sungnam-si C as a project implementation district, and was approved on June 30, 2003 by the Sungnam-si City.

B. The sectional owners of the D apartment in Sung-nam-si established the Promotion Committee for the D apartment reconstruction association (hereinafter “instant Promotion Committee”) for the purpose of promoting the said apartment reconstruction project, and obtained authorization for the establishment from the Sungnam-si mayor on December 24, 2003.

C. On July 23, 201, the instant promotion committee had not been designated as a rearrangement zone due to the problems such as securing school sites after obtaining authorization for the establishment of the promotion committee, and on July 23, 201, Sungnam-si proposed that the instant promotion committee consolidate the reconstruction project promoted by the Plaintiff and the instant promotion committee proceed with negotiations for combined development.

In order to promote combined development on September 30, 201, the Plaintiff and the instant promotion committee entered into a provisional agreement on the proposal of residents in the rearrangement zone (hereinafter “instant provisional agreement”) as follows, including the content that the Defendant would pay the Plaintiff’s project cost already executed and the improvement project cost for the Plaintiff’s operation in the future. The Plaintiff and the instant promotion committee enter into a provisional agreement on the summary of the provisional agreement: (a) the Plaintiff and the instant promotion committee enter into a provisional agreement on the inclusion of A apartment reconstruction project site in the D apartment housing reconstruction improvement plan on the premise that the following agreement becomes effective; (b) the premise and conditions of the effect of the provisional agreement

1. To prepare a site for the extension of E elementary school outside the project zone instead of the D site proposed as a plan for the accommodation of elementary school students, and to build apartment houses for the sale of the plaintiff, its members and the general public on the site corresponding to the school site in the above D zone;

2. The land to be notified shall be utilized for the smooth promotion of the Plaintiff’s project and shall be additionally added to paragraph 1 above.