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(영문) 서울중앙지방법원 2018.09.06 2017가합519081

분담금 등 청구의 소

Text

1. The Defendants stated in [Attachment 1] the amount of money to be cited in the calculation sheet of the amount of money to the Plaintiff and the amount corresponding thereto.

Reasons

1. Basic facts

A. The Defendants, and Nonparty P and Q (hereinafter collectively referred to as “instant sectional owners”) were the co-owners of the Geumcheon-gu Seoul Metropolitan Government RBD (hereinafter “SB”) (However, Defendant C is the heir of Nonparty C, who was the co-owner of SBD at the time of entering into a port contract under the following B; hereinafter “Defendant C”) and the Plaintiff entered into a reconstruction project agreement with the aforementioned sectional owners on SBD.

The plaintiff was a total of 18 households, and the plaintiff purchased a sectionally partitioned part of the two households opposing reconstruction of the above 18 households.

B. On July 6, 2014, the Plaintiff and the instant sectional owners entered into a reconstruction project agreement (hereinafter “instant agreement”).

The main contents of the above contract are as follows:

The instant sectional owners: “A” under Article 3(Principle of Project Implementation) of the “B” is concluded with “B” and “B” under the reconstruction project. In implementing the reconstruction project, “A” has priority in the choice of households (by lot between households) and “B” under Article 5, and “B” is supplied with the households by lot.

(2) Eul shall be responsible for all profits and losses of a reconstruction project except paragraph (1) of this Article.

Article 4 (Project Costs) (1) The project costs shall be the total amount of general sales proceeds and the partnership contributions, excluding 16 households selected by Gap, among the 30 households specified in Article 5 from the total floor area on the construction permit, and the direct construction costs shall be 3.29 billion won (excluding additional taxes) calculated by multiplying the total floor area on the design drawing by about 9.70 square meters of the area, including the increased balcony, by 3.4 million won per square year.

Article 5 (Shares and Contributions A) (1) The shares of Party A shall be supplied with 16 households among 30 households in total in accordance with the attached S loan reconstruction contribution table, and the shares designated by the households that have been provided prior to the occupancy shall be paid to Party B.

4. In addition, it is not anticipated.