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(영문) 수원지방법원 2016.11.10 2016나51740
공통공사비잔액 반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant purchased a composite shopping mall, including D located in Seongbuk-gu, Sungnam-si (hereinafter “instant composite shopping mall”) from the third day of the LAW Co., Ltd. at the time of around 192 at around 192.

B. On June 29, 1995, at the time of the sale in units or the sale in units to 1,149, Samsung C&C Co., Ltd entered into a trust agreement with the Korea Real Estate Trust Co., Ltd., the truster and beneficiary, the Korea Real Estate Trust Co., Ltd., the trustee, and the trust purpose, with the construction of the complex building in this case, to lease, manage, and operate the complex building as trust property.

Since then, the complex commercial buildings of this case have been completed by the construction work that entered into a construction contract with the Korean Real Estate Trust Co., Ltd. (hereinafter referred to as Samsung Heavy Industries).

However, on February 2, 2001, due to the default of Korea Real Estate Trust Co., Ltd., there was a situation in which people who purchase the complex of this case could not acquire the ownership of the store.

C. Accordingly, the buyers or lessees organized the F member councils and the Commercial Building Operation Council, respectively, and agreed with the interested parties of the instant commercial building, including Samsung Heavy Industries Co., Ltd and the Korea Technology Credit Guarantee Fund.

On August 22, 2002, Samsung Heavy Industries Co., Ltd., the Technology Credit Guarantee Fund, the Commercial Building Operation Council, and the F member Council had reached an agreement (No. 3) with the presence of the Ministry of Construction and Transportation.

In order to implement the agreed terms and conditions, Article 9 of this Agreement provides for the cost required for the change of use of some commercial buildings and the cost of additional electricity and equipment construction and the repayment plan.

E. At the time, the buyers belonging to the FF Council to which the Plaintiffs and the Defendant belonged (hereinafter “instant Council”).

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