(영문) 서울서부지방법원 2020.02.06 2019가합32491

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.02.06 2019가합32491

약정금

Text

The defendant shall pay to the plaintiff A, 503,986,315 won and 502,228,308 won, and to the plaintiff B, 215,689,059 won and its amount.

Reasons

1. Basic facts

A. On December 21, 2017, the plaintiffs, the defendant, the non-party D, E, F, and G purchased H large 295 square meters (hereinafter "the instant land") on the ground and constructed multi-family housing (hereinafter "the instant building") on the ground, thereby concluding the I Project Convention (hereinafter "the instant agreement") that constitutes a residential community (hereinafter "the instant building"), and the main contents are as follows.

(After the conclusion of the above Convention, Nonparty J also participated in the project of this case). The I Project Agreement

1. The name of the project and the name of the I Architectural Project (hereinafter referred to as the I Project);

2. The I Project’s definition includes the process in which project participants jointly purchase, remove, design, construct, take occupancy in the building site (the instant land) and the incidental activities, such as decision-making and financing.

3. The objective I project is to newly construct a common residential community house in which all participants participate jointly and each participant's needs and needs are reflected, and ultimately to organize a residential community and operate a community space jointly;

7. Ownership and operation of community housing (1) The individual space I shall be owned by participants, and, at this time, the site shall be owned separately as much as their respective shares.

(hereinafter omitted) (2) Participating parties and occupants shall participate in the ownership and operation of the community housing section, and the detailed method thereof shall be determined by the "I Business Plan".

(3) The section for common use shall be divided into common space and community space, and the responsibility and authority for the share of participants shall be held with respect to the common space, such as corridor and stairs, and the participant and the occupant shall be separately determined with respect to the created community space.

8.A financing (1) Participants shall bear, with respect to the financing of the following items, the equivalent of their shares in each item and time of the financing:

the shares of participants; and

유사 판례

-서울서부지방법원 2020.02.06 2019가합32491

-서울중앙지방법원 2017.07.06 2016가합528408

-서울중앙지방법원 2015.06.11 2013가합31699

-부산지방법원 2019.08.21 2018가합46335

-수원지방법원 2020.11.18 2020나57530