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(영문) 서울중앙지방법원 2015.10.21 2014가합560187
손해배상(기)
Text

1. Defendant B and C jointly share KRW 131,00,000 for the Plaintiff and Defendant B with respect thereto from April 4, 2008 to August 28, 2014.

Reasons

1. Basic facts

A. Status of party 1) Defendant E-Building Association (hereinafter “Defendant E-Building Association”)

) Under the Housing Construction Promotion Act, the existing apartment house in the Flater in the Gu Government-si in accordance with the Housing Construction Promotion Act is removed and a new apartment house (G apartment; hereinafter referred to as the “instant apartment house”).

2) For the purpose of construction (hereinafter referred to as “instant project”).

(2) Defendant C was appointed as the president of the Defendant Union on December 3, 2005, but was dismissed on October 24, 2007, and thereafter H was the head of the Defendant Union from October 24, 2007 to February 7, 2009, and Defendant C was the head of the Defendant Union from February 7, 2009 to February 7, 2009.

B. 1) The defendant union first concluded a reconstruction construction contract with I for the construction of the apartment of the instant apartment, and became unpaid after July 9, 2004, and the J Co., Ltd. (hereinafter referred to as the "J") and the J (hereinafter referred to as the "J").

A) The rebuilding project was concluded again with the government market on April 25, 2005, and the construction was carried out after obtaining approval of the public announcement of invitation of residents (55 households in total, excluding 40 households in lots among the total 95 households in lots) from the government market on April 25, 2005. (2) As such, while the construction is in progress, damage to the defendant association was incurred due to double parcelling-out contract, etc. by J, a contractor, and as such, the K Co., Ltd (hereinafter “K”) was selected as a new contractor in accordance with the resolution of the General Assembly of Members on September 23, 2006.

3. Around January 3, 2007, the Defendant Union shall set the construction cost at the time of completion, the construction cost shall be KRW 6.57 billion, and the time of payment shall be determined at the time of completion, and K shall bear the expenses necessary for the implementation of the project, including reconstruction construction cost, but after allocating 40 households out of 95 households to its members, K shall sell the remaining 5 households to the general public in accordance with its parcelling-out plan and appropriate the remaining 5 households to the construction cost and operating cost with its profits, and the Defendant Union shall implement a reconstruction project by determining that it may not demand dividends from its profits.

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