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(영문) 의정부지방법원고양지원 2016.08.12 2015가합74145
정산금등
Text

1. Defendant (Counterclaim Plaintiff) and Defendant B, C, and D jointly and severally with the Plaintiff (Counterclaim Defendant).

Reasons

The plaintiff's principal lawsuit against the defendants and the defendant's counterclaim against the plaintiff of the defendant's association are also examined.

1. Facts of recognition;

A. The defendant union was authorized to establish a housing association from the high-sea market on June 30, 2003 pursuant to Article 44 of the former Housing Construction Promotion Act (amended by Act No. 6841 of Dec. 30, 2002 and enforced on October 1, 2003) and completed registration of incorporation on July 29, 2003 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Defendant B is the president of the Defendant Union, and Defendant C and D are the directors of the Defendant Union.

The location of the business: The number of households newly built by 87,036.11 square meters: the 249.82 square meters: 568 households (139 households below 60 square meters, 60 square meters exceeding 85 square meters, 376 households exceeding 85 square meters, and 53 households exceeding 85 square meters): The method of payment in kind for apartment houses and welfare facilities for the land owned by the Defendant association (a fixed share method): the construction period under Article 4 (Method of project implementation) within 29 months from the date of the report on the completion of removal: (a) the Defendant association shall provide the Plaintiff with the land owned by the Defendant association and the Defendant association, and in return, shall be supplied with the newly built apartment houses and welfare facilities.

(2) The Plaintiff shall invest the necessary construction costs and project expenses (hereinafter referred to as “construction project costs”) in the site referred to in paragraph (1) provided by the Defendant Union in accordance with the design documents, etc. approved by the head of the competent local government, and supply the Defendant Union with the apartment and ancillary and welfare facilities newly built on the condition of payment in kind for the land provided by the Defendant Union through the construction of the building facilities.

The plaintiff shall additionally claim the amount of the general sale price and the amount of the members' contributions to the defendant union incurred in the construction project.

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