분담금 등 청구의 소
1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.
Defendant C, E, F, G, H, J, L, and M.
1. Basic facts
A. The Defendants, the first instance trial co-defendant B, D, K, N, P, and Q (hereinafter collectively referred to as “instant sectional owners”) were co-owners of the Guro-gu, Geumcheon-gu, Seoul (hereinafter “SB”) (However, the Defendant C is the heir of the network T at the time of the conclusion of the instant BB agreement, who was the sectional owners of SBC; hereinafter referred to as “Defendant C”) and the Plaintiff concluded a reconstruction project agreement with the aforementioned sectional owners.
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 instant 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 in the event of competition 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 Contribution to A) (1) The shares of A shall be provided with 16 households among 30 households in total in accordance with the attached S loan reconstruction contribution table, and shall be designated by the households provided prior to the occupancy.