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(영문) 서울남부지방법원 2018.05.31 2017가합103420
약정금
Text

1. The Defendant’s KRW 6,531,561,670 among the Plaintiff and KRW 303,564,690 among the Plaintiff, shall be KRW 1,242,143,020 from March 16, 2017.

Reasons

1. Basic facts

A. On March 6, 2012, the Plaintiff and the Defendant entered into a contract with the Defendant to conclude a construction contract with the Defendant for the construction work for the A Apartment Reconstruction Project (hereinafter “instant project”) (hereinafter “instant construction contract”).

The main contents of the instant construction contract related to the instant case are as follows.

Article 4 (Method of Implementation of Projects) (1) The plaintiff provides the defendant with the land of only ten parcels outside Busan Northern-gu C, which is owned by the plaintiff and the plaintiff's members, and in return, the newly constructed apartment and accessory welfare facilities are supplied as substitute.

In such cases, land provided to the defendant refers to land in a state that does not impede the commencement of construction by the defendant by securing ownership and right to use land.

(2) The defendant shall invest necessary project expenses in the site referred to in paragraph (1) provided by the plaintiff in accordance with the design documents, terms and conditions of the contract, etc. approved by the head of the competent local government, construct construction facilities, supply the land provided by the plaintiff with the apartment and accessory and welfare facilities newly built in accordance with the share ownership ratio prescribed in Article 5 and the share ratio based on the substitute payment area. The remaining construction facilities shall be sold in general and appropriated from the construction costs

Article 5 (Standards for Payment in Kind) (1) Standards for the payment in kind of a newly constructed apartment on the previous land or building owned by a member of the Plaintiff under Article 4 (1) shall be as follows:

(The Standard Table of Repayment is omitted) 1 to 4) omitted 5) The Plaintiff shall be included in the construction project cost within the limit of KRW 00 billion, out of the estimated amount of return to be paid by the Plaintiff under the procedures under Section D and other sections of the Corporation (including the cost of cancellation of collateral security; however, the Defendant shall bear the amount of return exceeding KRW 00 billion to be borne by the Plaintiff, and the amount of return shall be determined to be less than KRW 00 billion.

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