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(영문) 서울서부지방법원 2017.10.12 2017가합34530
손해배상(기)
Text

1. The Defendant: (a) KRW 440,00,000, and 5% per annum from July 15, 2016 to October 12, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Plaintiff’s claim for construction cost and acquisition of possession 1) Plaintiff on March 3, 2008 (hereinafter “instant redevelopment partnership”)

The apartment complex completed by the redevelopment association of this case (hereinafter referred to as the "new construction complex of this case") shall be referred to as the "new construction complex of this case".

As to the construction cost of KRW 197,776,768,203 (hereinafter “instant contract”).

(2) On May 12, 201, the instant redevelopment association entered into a contract with the Plaintiff on May 12, 201, the increase in the construction cost as KRW 202,660,901,97. The main contents of the instant contract are as follows. ① The basic plan and the management and disposition plan for apartment sale in consultation with the Plaintiff is formulated by the redevelopment association in consultation with the Plaintiff, and the affairs pertaining to the sale such as the conclusion of a contract for sale in lots and the receipt of the price shall be delegated by the redevelopment association in consultation with the Plaintiff, and the redevelopment association in consultation with the Plaintiff shall actively cooperate with the Plaintiff. ② The Plaintiff’s name of the deposit account for the apartment sale in general and the commercial buildings in lots in order to reimburse the Plaintiff’s construction cost and other agreed project cost shall be jointly owned by the redevelopment association in this case and the Plaintiff, and the amount of deposit shall be withdrawn with the Plaintiff’s construction cost and the Plaintiff’s priority in repayment of the Plaintiff’s construction cost. ③ In the event the redevelopment association makes payment and redemption under paragraph (2).

1. All business of parcelling-out and parcelling-out;

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