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(영문) 부산고등법원 2018.04.12 2017나52545
환급금지급청구의 소
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. On June 30, 2003, A Co., Ltd. (hereinafter “A”) concluded a construction contract (hereinafter “instant construction contract”) with respect to a reconstruction project (hereinafter “instant reconstruction project”) implemented by Defendant B apartment reconstruction and improvement project association (hereinafter “Defendant Association”) with the main contents as follows:

Defendant D, Defendant C, and H, who were executive officers of the Defendant Cooperative, jointly and severally guaranteed the obligations of the Defendant Cooperative under the instant construction contract.

Summary of opening.

1. Project name: Busan East-gu B apartment reconstruction project;

2. Location: Busan Eastdong-gu I;

3. Site area: 17,210 square meters (5,206.03 square meters).

4. Annual building area: 59,607.62 square meters (18,031.31 square meters).

5. The number of households to be constructed: The total plan of 496 households.

6. Methods of construction: Final shares.

7. Period of construction: Commencement date - Date of inspection for use (date of completion) within 30 days from the completion date of removal of obstacles - 30 months from the commencement date.

8. Project operator: A;

9. Contractor: Article 4 (Method of Executing Projects)

1.A shall provide B with the land of the I of the Dong-gu Busan Metropolitan City in which A and A own members of A and A, and in return for this, shall be supplied with apartments and ancillary and welfare facilities newly built as a substitute;

In such cases, "land provided to B" means land in which A obtains the ownership of land and the right to use land, and which does not hinder B's commencement of construction work.

2. B shall put in the site referred to in paragraph (1) provided by A the necessary project expenses according to the terms and conditions of the contract, etc. approved by the head of the competent local government, construct construction facilities, supply A with apartments and welfare facilities newly built under the conditions of payment in kind for the land provided by A, and the remaining construction facilities shall be appropriated for the construction expenses and the project expenses.

3. The sale in general in paragraph 2 above is sold by B in compliance with the relevant laws and regulations, and the sale method, sale price, etc. is the rights and responsibilities of B.

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