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(영문) 대구지방법원 2014.09.24 2013가합7411
사업비 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B reconstruction and improvement project association (hereinafter “Defendant association”) is a maintenance and improvement project association prescribed in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Administration Act”) established for the purpose of removing the buildings on the H ground in Daegu North-gu and constructing a new building, and the remaining Defendants except the Defendant association are all incumbent and incumbent officers of the Defendant association.

B. From around 2004 to May 14, 201, Defendant C, the president of the Defendant Union, prepared, on February 27, 2010, an implementation contract for the reconstruction project with the Plaintiff under the name of the Defendant Union (hereinafter “instant contract”). The remainder of the Defendants, other than the Defendant Union, affixed their seals on the Defendant Union’s joint and several liability column.

The main contents of the instant contract are as follows.

4. Details of the project: Construction of new construction facilities approved by the project approving authority;

5. Business method: conditions for payment in kind for 66% of the commercial buildings and apartment houses and ancillary and welfare facilities on the land owned by A (the meaning of the defendant association; hereinafter the same shall apply);

7. The term “A” and “B” (the meaning of the Plaintiff; hereinafter the same shall apply) shall comply with relevant laws and regulations, such as the Housing Construction Promotion Act, the Enforcement Rule of the same Act, the Enforcement Rule of the same Act, the Rules on Housing Supply, the Rules on Ownership and Management of Condominium Buildings, and the rules and regulations of the Association, to implement this contract in accordance with the mutual trust and good faith principle so that the relevant reconstruction project is completed in a successful manner

Part I General Provisions Article 3 (Status and Business Principles between Parties) (1) "A" and "B" are joint project undertakers and shall have their responsibilities and obligations in accordance with relevant Acts and subordinate statutes, such as the Housing Construction Promotion Act, and shall have them implement the contract in accordance with the principle of trust and good faith so that

Article 4 (Methods of Implementing Projects) (1) “A” shall be the land of H in Daegu-gu Seoul Metropolitan City, in which the members of “A” and “B” own the land of H.

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