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(영문) 인천지방법원부천지원 2013.11.29 2013가합3292

공사도급변경계약 무효확인

Text

1. Of the instant lawsuits, “A apartment reconstruction rearrangement project agreement” concluded on January 13, 2010 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the housing reconstruction improvement project with respect to a A apartment located on the ground of 101,987 square meters of land 101,987.40 square meters of land in Bupyeong-gu, Seocheon-gu, Seoul (hereinafter “instant rearrangement project”).

(2) For the purpose of implementing the project, the Defendant is a housing reconstruction and rearrangement project partnership which obtained an authorization for the establishment of the association from the vice-market on July 13, 2007. (2) The Defendant is selected as the contractor through a resolution of the general meeting of association members held on October 28, 2007 and entered into a contract for the construction of the reconstruction and rearrangement project with the Plaintiff.

B. Re-building resolution 1 at the inaugural general meeting of May 9, 2007) Before the Plaintiff was established, the A apartment reconstruction association establishment promotion committee prior to the Plaintiff’s establishment shall hold an inaugural general meeting on May 9, 2007 with the consent of 880 out of 1,061 the owners of the land, etc. as to the “case of the re-building resolution” (hereinafter “the re-building resolution in this case”) with the following contents:

(1) A new building was established. ① The total floor area of the building site is 306,234.06 square meters in size, 10-25 stories in size, 23 Dong and appurtenant welfare facilities ② The estimated cost of removal of the building and new construction is 3,15,00,000 won in size, 325,019,765,000 won in total, 393,173,718,000 won in total, 393,173,718,000 won in total, and the cost of the removal of the building and the construction of the new building are shared with the appraisal price of the new building and the new building, and the final settlement at the time of the disposal and disposal of the building and the final settlement shall be made definite at the time of the completion of the construction, and the Plaintiff is entitled to authorize the establishment of the new building by the association under Article 34 of the Act and its subordinate statutes and its subordinate statutes to the new construction project.