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(영문) 서울남부지방법원 2019.01.11 2016가합111172

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a reconstruction association established to remove the Yangcheon-gu Seoul Metropolitan Government Blue Housing and newly build the apartment on its ground (hereinafter referred to as the "the apartment of this case"). The plaintiff (the title before the alteration: C) is the time of the reconstruction construction.

B. On June 8, 2005, the Plaintiff and the Defendant concluded a construction contract with the purport that the Defendant provided land necessary for the implementation of the project and the Plaintiff would newly construct the instant apartment on its ground (hereinafter “instant construction contract”). The main contents are as follows.

Article 4 (Methods of Implementing Projects) (1) A (Defendant) provides land, and is supplied with newly built apartment as a substitute for it.

In such cases, the term "land provided to the plaintiff" means the land in which Gap secure the ownership of the land and the right to use the site, and which does not impede the commencement of construction works of Eul.

2. The construction cost and various project expenses that Eul invests in the object of this contract (hereinafter referred to as "construction cost") shall be the remainder of the share of the association members specified in paragraph (1) of Article 5 and the proceeds from the sale of apartment units in units in the remaining 59 households, and the said amount shall be reverted to the total amount of the construction cost.

(3) The scope of investment in construction expenses of Eul under paragraph (2) shall include construction expenses, value-added tax, removal expenses, design and supervision expenses, measurement expenses, appraisal expenses, registration expenses for general sale in lots, trust registration expenses, expenses for sale in lots, income tax of the sales household after the completion of the project, various personal construction expenses (water, gas, electricity, etc.) and other business expenses (purchase of State bonds, transportation relations, etc.) and operation expenses of the association

(4) The operating expenses of the cooperative shall be KRW 6,600,000 per month, and shall be paid from the commencement date of the construction work to the date of approval for the completion of the construction work after the relocation of all members of the cooperative.

Article 5 (Construction Costs and Contributions to Members) (1) Members' contributions shall be the amount of contributions, prepared on June 28, 2003, 178.