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(영문) 광주지방법원 2017.11.02 2017가합50244
원상회복 청구금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Main Defendant A’s Housing Reconstruction and Improvement Project Association (hereinafter “Defendant A’s association”) is a housing reconstruction and improvement project association which obtained authorization on October 22, 2008 and completed registration of incorporation on October 28, 2008 in order to implement a housing reconstruction project (hereinafter “instant reconstruction project”) on the land outside Gwangju Seo-gu, Seo-gu, and six parcels pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

(A)A contract for the design of a building (No. 1)

1. Design contract title: Gwangju A reconstruction construction works; and

4. Contract amount: 3,392,00,000 won (excluding value-added tax) A and B shall enter into a design provisional contract under this provisional contract and keep one copy of each contract, and succeed to this contract after the inaugural general meeting is held.

(A) The Plaintiff of the instant promotion committee, the chairman of the promotion committee, Defendant B designer(B) corporation, Sung Il-il General Certified architect(A)

B. On February 19, 2003, the Sung Il-il Certified architect office (the trade name was changed to the Maritime Comprehensive architect office on December 2, 2009) and the Mine A Reconstruction Promotion Committee (hereinafter “instant Promotion Committee”) concluded a provisional contract for building design with the following contents. The Plaintiff (the company prior to the change: the company’s trade name was changed) participated and affixed a seal on the said provisional contract.

C. (1) As the Urban Improvement Act was enacted by Act No. 6852 on December 30, 2002 and enforced on July 1, 2003, the committee for promotion of the rearrangement project was institutionalized to prepare for the establishment of the association, etc., and Article 9 of the Addenda to the said Urban Improvement Act as a transitional measure regarding the committee for promotion of the project was in force, and the existing committee for promotion being operated by the owners of lands, etc. in order to establish the association aimed at implementing the redevelopment project or the reconstruction project at the time of the enforcement of this Act was prepared with the requirements for the consent under Article 13(2) (the consent of at least 1/2 of the owners of lands, etc.).

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