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(영문) 서울중앙지방법원 2016.05.13 2015가합12012

약정금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 152,660,000 and Defendant C Co., Ltd. on May 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. The status of the parties is that the Plaintiff, the Lessee and the F, G, H, I, and J are co-owners of the “Litre Construction”, a multi-household in Gangnam-gu Seoul Metropolitan Government, and the joint business operators of the said housing reconstruction project (hereinafter “Litre Construction Project”). The Defendant C (hereinafter “C”) is the joint business operators of the instant reconstruction project, and the Defendant C is the joint business operators of the instant reconstruction project, and the Defendant D is the construction company and the actual operator of Defendant C, as the actual operator of the instant reconstruction project.

B. The progress of the reconstruction project of this case 1) Plaintiff, Counterclaim Plaintiff and F, G, H, I, and J (hereinafter “instant sectional owners”).

(1) On June 10, 2014, Defendant C implements the instant reconstruction project by means of a prop-joint business. Each sectional owner’s share is the same, and each sectional owner’s share is 13.18% of the shares in the non-resident who is the owner of 2 bonds in a partitioned building during the Lins, and the remaining sectional owners hold 6.9% of the shares, respectively, and Defendant C, an executing agent, shall hold the remainder of the shares (37.92%) instead of bearing various expenses related to new construction costs and implementation and sale of buildings (hereinafter “instant reconstruction agreement”).

(2) Accordingly, the instant sectional owners and Defendant C built new buildings consisting of a total of 29 heading rooms, and the total of 15 heading rooms are owned by the instant sectional owners, and the remainder of 14 heading rooms are owned by Defendant C, and the sale price was appropriated for the costs of the instant reconstruction project.

3) On the other hand, the owner of the instant sectional ownership, in order to promote the reconstruction project, such as the cost of reorganization of the existing tenants (such as deposit for lease on a deposit basis, relocation expenses, and cost of cancellation of collateral security, obtains a loan from the bank, and one of the sectional owners is the counter-resident.