청구이의
1.(a)
Incheon District Court Decision 2013Gahap10174 (principal lawsuit), 2013Gahap15810 (Counterclaim) against Plaintiff A. < Amended by Presidential Decree No. 24870, Oct. 10, 2013>
Basic Facts
The defendant's establishment and construction contract concluded with the aim of promoting the reconstruction of the E-Comprehensive Market in Nam-gu Incheon Metropolitan City, the defendant obtained the authorization of the establishment as the "E-market reconstruction association" in accordance with the Housing Construction Promotion Act, as well as Article 38 of the Special Act on the Development of Traditional Markets and Shopping Districts and Article 13 and Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on November 13, 2006, for the purpose of promoting the reconstruction of the E-Comprehensive Market in Nam-gu, Incheon, the head of Nam-gu, Incheon, and on March 27, 2003.
On February 17, 2009, the Defendant concluded a construction contract for a comprehensive market reconstruction project (hereinafter “the instant construction contract”) with F Co., Ltd. (hereinafter “F”) with the content that “G”, the construction cost of which is 16,641,480,000 won (excluding value-added tax), was newly constructed on the ground of 4 stories below 1,795 square meters in Nam-gu Incheon Metropolitan City, Nam-gu, as underground floors, 15 stories above ground, and residential complex buildings and ancillary facilities of 72 households in multi-family housing units.
(A) On January 1, 2010, the construction size of a design modification has changed to 80 households of multi-family housing of 4 stories underground and 17 stories above ground. From January 2009 before and after the conclusion of the instant construction contract, the Defendant entered into a contract for the sale of goods among the members of the association who owned the existing commercial shares, etc. with respect to the G commercial buildings or apartment houses scheduled to be newly built after deducting the amount of rights of the association members (amount assessed by the value of the existing shares) from the total sale price, and entered into a contract for the supply of commercial buildings or apartment houses (hereinafter referred to as “sale contract for membership”) or “G apartment housing supply contract (hereinafter referred to as “sale contract”).
Each sales contract shall be signed by the defendant and the contractor, F, and three members of the buyer, who are both the seller and the contractor.
On the other hand, members.