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(영문) 서울서부지방법원 2020.02.07 2019가단9906
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around May 2017, the “F Prop Joint Association of Multi-Family Housing” comprised of E-Bad owners on the ground of Yangcheon-gu Seoul, Yangcheon-gu Seoul Metropolitan Government D entered into a contract for the construction of E-Bad Shared Project with G Co., Ltd. (hereinafter “Non-Party Company”) with the representative director (hereinafter “Non-Party Company”).

(B) The Plaintiff is one of the owners of the above E-Ba, and the Plaintiff is the owner of the above E-Ba.

1. Project name: New construction works of the F collective housing;

5. Contract amount: Members’ contributions to 10 households and 20 million won per household (2.3 billion won) Article 4 (Method of Implementation of Projects) under the condition for a construction contract (2.3 billion won) (1) A shall provide Party B with the Seoul Yangcheon-gu D land owned by Party A and Party A, and pay Party B with the contract amount, and Party B shall construct construction facilities in accordance with the design documents, contracts, etc. as permitted by the head of the competent local government on the land provided

In such cases, the term "land to be provided to B" means land in a state that does not impede the commencement of construction works of B by securing the ownership of land and the right to use land.

(2) Relocation expenses for Gap, and business expenses for Gap shall be borne by Gap, and in such cases, Gap and Gap shall reimburse the principal and interest pursuant to the provisions.

Provided, That Gap and Eul may directly procure relocation expenses and business expenses through the financial institution after consultation.

Article 21 (Payment, etc. of Construction Costs) (2) General sale portion shall be determined at the same time as a contract and at the same time as a contract, it may be arbitrarily disposed of with the construction cost, and accordingly, the contract for sale may be issued as the authority.

Article 32 (Matters of Special Agreement)

1. Eul shall loan and dispose of all the expenses necessary for the project to Gap as well as the direct construction, and settle them with contributions to and general apartment units after the execution with the approval of Eul, and the prop co-owners A and A shall be the prop co-owners.

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