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(영문) 서울고등법원 2020.05.21 2019나2050350
손해배상 청구
Text

1. The judgment of the court of first instance is modified as described in paragraph 2 below.

2.(a)

The defendants jointly do so to the plaintiff 434,637.

Reasons

A. The reasoning to be stated in this part of the facts of recognition is that, if the court excludes the parts to be cut, added, or deleted as follows, it is identical to “1. Basic Facts” of the reasoning of the judgment of the first instance, and thus, it shall be cited by including the abbreviation in accordance with the main sentence of Article 420 of the Civil Procedure Act

In Part 5, in Part 3, "The main contents are as shown in the agreement of this case" shall be changed to "the main contents are as listed below," and the following shall be added, and the attached Form of the judgment of the first instance shall be deleted.

The Agreement of this case

3. Area of a business site: 984 square meters (297.66 square meters)* The area, location, lot number, etc. of a business site may be changed at the request of the plaintiff in the future following the extension of the business area (N, etc.);

Article 2 (Method of Implementing Project) (1) The instant building owners shall provide the Plaintiff with all the Seoul Jongno-gu Seoul Metropolitan Government O land, and in return, the Plaintiff shall bear the project cost for the reconstruction project.

The land to be provided to the plaintiff refers to the land in which the owner of the building in this case has no difficulty in securing the land ownership and starting construction works.

② In order to ensure the successful completion of the instant reconstruction project by the building owners, the Plaintiff faithfully performs his duties as a good manager with respect to all the duties of the reconstruction project and the follow-up management of the said project, and receives the remainder excluding the portion reverted to the building owners in return therefor.

③ The Plaintiff shall take overall charge of all the affairs of the instant reconstruction project, and the remaining construction facilities shall be sold to the general public at the Plaintiff’s responsibility and appropriated as business expenses.

The reconstruction direction and consensus concept are to secure stable reconstruction project expenses under the responsibility of the plaintiff, the owners of the building of this case shall fulfill their obligations, such as submission of relevant documents.

④ The owner of the instant building continues to hold the name until the completion of new building so that the Plaintiff may become a stable and successful reconstruction project.

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