추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is a company that implements a housing construction project, and the defendant is a company that implements a market improvement project.
B Market non-Dong reconstruction Association (hereinafter referred to as the “Association”) is an association established for B-dong reconstruction project (hereinafter referred to as “instant building”) located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, for B-dong reconstruction project (hereinafter referred to as “B-dong building”).
The degree of progress and remaining value of the building construction of this case was subcontracted from Hoho Construction, which was selected as the project contractor by the association, and the construction of this case was suspended due to the suspension of the construction of this case upon completion of part of the structural construction of the 5th underground and the 2nd ground.
At the time, the flag ratio of the instant building was 13.162%, and the subsequent value of the building was 1,819,50,550 won as of September 30, 201, and 1,894,290,351 won as of March 30, 201.
Before acquiring the Defendant’s land as seen after March 19, 2015, a cooperative and the Defendant prepared a written agreement with the following contents:
(hereinafter “instant agreement”. On March 19, 2015, the agreement: A: A observer: The purpose of this agreement is to minimize the achievement of the B’s business objectives and the losses of the E site in Yeongdeungpo-gu Seoul Metropolitan Government through the agreement with A, a successful bidder of the E site in Yeongdeungpo-gu Seoul Metropolitan Government.
Article 2 (Terms and Conditions of Agreement) A and B shall reach an agreement on the following matters:
1. A shall transfer to B all business rights and related data relating to the Yeongdeungpo-gu B-dong reconstruction project of Yeongdeungpo-gu;
2. A acknowledges that the underground and upper aggregate is an accessory to the land, B subsequently does not raise an objection or claim damages against the structural defect or other matters of this aggregate, and if necessary, it will be under the responsibility of B.