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(영문) 서울남부지방법원 2020.11.13 2019나68143
손해배상(기)
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a project implementer that constructs new construction of building facilities approved by the head of the competent local government, including "D (multi-family)" in a multi-family registry of the Yeongdeungpo-gu Seoul Metropolitan Government C. 58,579.9m.

B. On December 18, 2014, the Defendant, who was a member of the Defendant, entered into a supply contract with E, F, G, and H 4 (joint title holder) (hereinafter “instant real estate”), under which the said “D apartment” subparagraph (hereinafter “instant real estate”) was supplied to the Defendant, and refund KRW 381,757,320, the difference between KRW 86,707,320, and KRW 484,950,00, and KRW 381,757,320 (hereinafter “instant supply contract”).

Article 1 [Contributions and Methods for Payment] (1) "A" shall be supplied to "B (E, F, G, and H)" and "B" shall pay the contributions determined by the following subparagraphs to the financial institutions jointly established by "B (E, F, G, and H)" and "B (contractor J Co., Ltd.)" in order to obtain the above indication property:

[A] The rights of the members of the association (A) who sell the shares of the association members (A) = (A-B) 484,950,00 but 86,707,320-320-381,757,320 contributions (-) are refunded (amount of money). ② “A” can be paid within five days from the date referred to in paragraph (4) 5 days from the date referred to in paragraph (4).

Provided, That if the date of refund is Saturday, Sundays, or if it is impossible to conduct banking services as a legal holiday, it shall be the following day.

(3) The period for designation of occupancy shall be determined by the following "A" and "A" and "B" respectively.

(4) Contributions shall be paid and refunded as follows:

An advance payment shall be made in advance than the payment date.

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