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(영문) 의정부지방법원 2016.08.25 2014가합53049
구상금
Text

1. The Defendant’s KRW 150,000,000 as well as 20% per annum from August 13, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Presumed factual basis

A. On November 19, 2002, the Plaintiff’s association (the number of its members was changed to 32 persons; hereinafter “Plaintiff”) was established on November 19, 2002 and the registration of incorporation was completed on July 31, 2003 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

On June 30, 2003, the Gu Government Mayor approved the housing construction project plan to be “the plaintiff and the South and North Korea building industry corporation, site area: 1,945 square meters and size: 63 households per Dong (the name was changed from the underground first floor, the 15th floor, and the initial G apartment to H apartment; hereinafter “the apartment” in this case), project cost: 5,350,000,000 won”.

B. On June 1, 2004, the Plaintiff entered into a contract with I (hereinafter “I”) with respect to the new construction of the instant apartment from June 1, 2004 to October 31, 2005, and the contract amount of KRW 4,662,00,000 (including value-added tax) for the construction of the instant apartment (hereinafter “instant contract”). The main contents are as follows.

Article 3 (Scope of Rebuilding Execution) (4) The I shall implement the following matters necessary for reconstruction at I’s expense after obtaining the consent to use land for the land provided by the plaintiff. (a) The project approval (b) the removal of the project approval c) the construction design and supervision d) and other necessary matters (the conditions and charges for the Plaintiff’s shares in the newly constructed object) ① The Plaintiff is supplied with each household (the area of exclusive use 63.38mmm2). The Plaintiff’s shares in the present A members are 25 million won (25 million won x 32 million won x 80 million won).

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