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(영문) 서울중앙지방법원 2019.08.13 2018나5712
분담금 등
Text

1. Of the judgment of the court of first instance, the part of the Plaintiff’s failure equivalent to the following amount ordered shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The parties 1) The defendant was the owner of the building No. 4 in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and the E apartment F heading on the same ground as the building C was removed and reconstructed (hereinafter “instant F heading”).

2) The Plaintiff is a company established for the purpose of real estate development, real estate implementation, leasing business, etc., and is an implementer of the C-building reconstruction project (hereinafter “instant reconstruction project”).

B. 1) Owners of 16 households with the exception of two households among 18 households of the instant building C (hereinafter “owners”)

On December 21, 2010, in order to promote the instant reconstruction project, G Co., Ltd. (hereinafter referred to as “G”) by holding a residents’ general meeting.

(2) On December 22, 2010, G entered into a construction contract for the instant reconstruction project with G on December 22, 2010 (hereinafter “the first construction contract”) and on February 2, 201, J Co., Ltd., which had not been able to perform part of the construction work by taking over the contractual status of G, but also the first construction contract with J Co., Ltd. was terminated on October 10, 201.

The content of the first construction contract is not significantly different from the following second construction contract, and the contract states that "the interior works other than construction (including expansion works) shall be separately consulted on."

3) On behalf of the project owner, I is the Plaintiff and the construction contract with which I and K were joint representative directors on January 9, 2012 (hereinafter “second construction contract”).

After concluding the contract, the Plaintiff completed the remaining construction, and the Plaintiff was approved for use by Gwanak-gu in Seoul Special Metropolitan City on October 12, 2012.

The 2nd construction contract shall include the following contents, and matters concerning the cost sharing as shown in attached Form 1:

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