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(영문) 수원지방법원 2014.12.12 2014나7497
전부금청구의 소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. The status of the parties (1) C reconstruction Association (hereinafter “Rebuilding Association”) is the reconstruction association established for the purpose of reconstruction of apartments on both the above and above ground by the sectional owners of the total of 80 households of 70 E apartment units, Dong-dong and 10 G lending units on the ground, Mayang-gu, Mayang-gu. D.

(2) H as a sectional owner or a rebuilding association member of the above E apartment 405 moving from the above E apartment 405, trust the part of the above apartment 101 unit 1207 unit 1207 unit Do (hereinafter “the apartment of this case”) between the reconstruction association and the reconstruction association around April 2003, after having entrusted the above part of the apartment 405 unit and its share of the site to the reconstruction association, he paid charges of KRW 38,00,000 until April 15, 2003, KRW 5,65,000 until August 15, 2003, KRW 5,65,000, KRW 5,65,000 until January 15, 2004, KRW 5,65,000 until May 15, 2004, KRW 5,505,005 unit 5,505,505 unit 205,505 unit 205.

B. The charge of this case is referred to as “the charge of this case”

(2) Around November 8, 2008, H entered into an apartment supply contract with the intention to purchase an apartment, and Article 6(1) of the said contract provides, “In the event the date of the payment agreement has elapsed due to the delay in the payment of the contract amount, intermediate payment, and remainder, the late payment charges calculated by applying 17% per annum to the number of elapsed days shall be additionally paid.” On November 8, 2008, H died, and the Defendant, who is a son, inherited the status of H’s member solely through an agreement on the division of inherited property. (2) The reconstruction association of the instant apartment, as of July 10, 200, was at the general meeting of the Plaintiff, New High-ro General Construction Co.

A) A joint business entity shall be selected as a contractor and joint business entity on November 7, 2001, with the approval of the project plan from the Gyeyang market on June 10, 2002, and entered into a joint business agreement with the New Cosa on June 10, 2002, and was resolved at the general meeting (the two new Cosa commences on June 21, 2003, but from June 5, 2004, the construction is difficult.

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