청산금 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. AAB reconstruction and rearrangement project association (hereinafter “AAB association”) is an association established to promote a reconstruction project of AAB AB on the ground of Gangdong-gu Seoul Metropolitan Government, and the Plaintiff is the creditor of the non-party association, and the Defendants are the members of the non-party association.
B. The non-party association was approved on June 9, 2003 by the head of Gangdong-gu Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002; hereinafter “former Housing Construction Promotion Act”) prior to the enforcement of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6852, Jul. 1, 2003; hereinafter “Urban Improvement Act”) under the former Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30; hereinafter “former Housing Construction Promotion Act”). The non-party association completed the establishment registration on July 26, 2003, which was after the enforcement of the Urban Improvement Act.
C. AC apartment (hereinafter “instant apartment”) was newly constructed on the ground of Gangdong-gu Seoul Metropolitan Government AB, on June 2003, when implementing the instant project, the Nonparty Cooperative entered into a reconstruction contract with the tugboat Construction Co., Ltd. (hereinafter “e.g., the construction”).
The plaintiff entered into a contract for the sale of pre-construction and the apartment of this case 101 Dong 706.
The Plaintiff filed a lawsuit against the Nonparty Union seeking reimbursement of the agreed amount, asserting that the Plaintiff, the pre-construction, and the non-party partnership, who renounced the construction due to the default, agreed that the Plaintiff “the non-party partnership, instead of giving up the right to sell the instant apartment Nos. 101 and 706, would have given up the right to sell the instant apartment.”
In relation to the lawsuit on January 17, 2014, the Seoul High Court stated that “the Plaintiff shall pay to the Plaintiff 101,910,796 won with 5% interest per annum from June 4, 2012 to January 17, 2014, and 20% interest per annum from the next day to the day of full payment.”