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(영문) 인천지방법원 2015.04.08 2013가합17908
공사대금 등
Text

1. The plaintiff, the defendant limited liability company B, C, and D shall be jointly and severally, and the defendant E-building project partnership shall be limited to the defendant limited liability company.

Reasons

1. Basic facts

A. The conclusion of the construction contract for the reconstruction improvement project by the Defendant-based limited company 1) Defendant E-building improvement project association (hereinafter “Defendant Association”).

(E) The number of the G land in Eunpyeong-gu Seoul Metropolitan Government (Seoul H) seems to be changed.

hereinafter referred to as “instant land”).

(E) Reconstruction rearrangement project on the ground (hereinafter “instant project”)

(2) On October 6, 2010, the defendant F is the reconstruction association established to implement the project, and the defendant F is the president of the defendant F is the representative of the defendant limited company (hereinafter referred to as the "B"), the defendant association and the defendant B entered into a construction contract improvement project in the so-called share ownership system (hereinafter referred to as the "construction contract in this case") with the purport that "the defendant association and the defendant B, as joint project undertakers of the project in this case, provide the land of this case owned by the members of the defendant association to the defendant association, and in return, provide the remainder of the newly constructed apartment association members of the newly constructed apartment association (38 square meters), excluding the 24 household unit members of the newly constructed apartment association among the newly constructed apartment and accessory welfare facilities, from among the newly constructed apartment and accessory welfare facilities, with the project expenses required for the above land provided by the defendant association, and supply the newly constructed apartment and its incidental facilities to the defendant association, and the remaining construction facilities shall be appropriated for the construction expenses and project expenses."

3) Of the instant construction contract, the details on the general sale of building facilities in lots to the members of the Defendant Union and the appropriation of funds for the expenses for the construction of building facilities in lots and remaining buildings are as follows: Article 20 (General Sale in lots) ① “A” (the term “Defendant Association

The construction facilities remaining after the sale to the members of the association shall be sold in general, in accordance with the regulations on the supply of housing, and the general sale price shall be calculated by the "B" in accordance with the management and disposal plan, and the "A" shall consent without any objection.

In addition, it is subject to sale.

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