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(영문) 서울고등법원 2017.10.24 2016나12566

추심금

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1. The independent party intervenor I and E's respective participation applications and the Defendant-Counterclaim Plaintiff's counterclaims in this Court.

Reasons

1. Basic facts

A. The defendant is a reconstruction association established for the purpose of constructing the 1st underground floor, 27 units, and ancillary welfare facilities on the ground of Gangdong-gu Seoul Metropolitan Government D ground.

On June 14, 2003, the defendant completed the registration of incorporation on December 11, 2006 after obtaining authorization for establishment from the head of Gangdong-gu Office with 20 members.

B. Around October 23, 2006, an independent party intervenor C entered into a contract with the Defendant for the construction of one unit of apartment houses with the first underground floor and the seventh floor above the ground (hereinafter “instant construction”) on the ground of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Subject Matter of Construction) (3) The method of securing the subject matter of construction by an independent party C shall be the share system in which an independent party C completes the subject matter and provides it to the defendant free of charge.

With respect to houses other than 20 households for shares of the association members, the intervenor of an independent party C shall sell them in lots with the authority of the intervenor of an independent party C, appropriate them for the project expenses, and shall be owned by the intervenor of an independent party C

Article 4 (Terms and Conditions of Supply of Apartments and Sale in Lots) (1) An independent party intervenor C shall establish a project implementation plan on the land that the defendant consented to use and design and construct apartment houses (including incidental welfare facilities) in the area approved by the competent authority after consulting the amount of death with respect to the defendant and design with respect to the defendant, and supply the remainder to the defendant first twenty households, and sell the remainder in general to the defendant, and appropriate the remainder

(2) Time and methods of sale shall be determined through consultation with the defendant.

Article 5 (Contributions to Members) (1) Members shall be given priority to supplying 31 square meters (84.74 square meters for exclusive use), and the contributions to members shall be KRW 87,00,000.

(2) Cooperative members' contributions shall be 20% upon completion of the first floor, 30% after completion of the structural works, and 10% after completion of the structural works.