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(영문) 서울중앙지방법원 2015.06.25 2014가합17423

대여금 등

Text

1. Defendant B’s Housing Redevelopment Project Association’s establishment promotion committee is as follows: KRW 1,673,657,850 and its 1,673,360 among them.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Preliminary Defendant B Housing Redevelopment Project Association Establishment Promotion Committee (hereinafter “Preliminary Defendant”).

) The Dongjak-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project (hereinafter “instant Project”) shall be the project area with the area of 21,391 square meters in the five-day V-gu Seoul Metropolitan Government.

(2) On November 25, 2004, Defendant C was organized for the purpose of establishing an association in order to enforce it, and was approved by the head of Dongjak-gu Seoul Metropolitan Government by the head of Dongjak-gu, Seoul Metropolitan Government. (3) On November 25, 2004, Defendant C was the president of the ancillary Defendant; Defendant D was the vice-chairperson of the ancillary Defendant; Defendant E, I, J, K, M, N, P, Q, P, R, Q, R, net X, and net Y was the preliminary Defendant’s promoters.

3) The establishment promotion committee of the principal defendant AA Housing Redevelopment Project Association (hereinafter “principal defendant”)

(B) The purpose of establishing an association to implement a housing redevelopment project with the total area of 73,300 square meters in Dongjak-gu Seoul Metropolitan Government as a business area. On December 3, 2010, the Plaintiff was a non-corporate body that obtained approval from the head of Dongjak-gu Seoul Metropolitan Government on December 3, 2010. (b) The Plaintiff entered into the instant construction contract with the preliminary Defendant on August 16, 2006 after the Plaintiff was selected as the contractor of the instant project on September 9, 2005 (hereinafter “instant construction contract”).

(A) The key contents of the contract are as follows: (a) the primary Defendant is the primary Defendant A; and (b) the Plaintiff is the Plaintiff B.

(1) Article 4 (Method of Implementation of Projects (1) “A” provides “A” and “A” with land necessary for a housing redevelopment improvement project for B B in Dongjak-gu Seoul Metropolitan Government, in which members of “A” and “A” own, and “B” shall construct a building facility on the land provided by “A” in accordance with the design documents and contracts approved by the head of the local government.

In such cases, the term "A" and "A" shall secure the ownership of the land or the right to use the site, and shall be the construction of "B".