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(영문) 인천지방법원부천지원 2015.12.18 2015가합600
구상금등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are members of the BC Housing Redevelopment and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant partnership”) established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement and Improvement of Urban Areas and Dwelling Conditions for Residents”) for the purpose of implementing an urban environment rearrangement project (hereinafter “instant rearrangement project”) within the Nowon-gu Seoul Special Metropolitan City BB. The Defendants were members of the instant association.

B. On July 21, 2010, the instant union and Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) concluded a monetary loan agreement with the Plaintiffs’ joint and several sureties Construction Co., Ltd., the contractor for the instant improvement project (hereinafter “NS Construction”), and the NA Construction Co., Ltd. (hereinafter “NS Construction”) entered into a joint and several loan agreement with the instant union on July 21, 2010 to lend a sum of KRW 30 billion (hereinafter “instant agreement”). On the same day, the Plaintiffs, as its executive officers, jointly and severally guaranteed the instant union’s obligation to construct the instant union and refund the principal and interest on the instant loan.

Meanwhile, the instant association bears the principal and interest on loans of KRW 2,930,037,734 as of March 3, 2014, and bears the principal and interest on loans of KRW 3,034,673,585 as of February 3, 2014 as of Gyeong Construction.

C. The instant association’s revocation of authorization for establishment and treatment construction of the instant association, and provisional seizure against the Plaintiffs of KS Construction was revoked on September 13, 2012 pursuant to the application for dissolution of the association with the consent of the majority of owners, such as the land in the instant project improvement zone (Article 16-2(1)2 of the Urban Improvement Act). Subsequent, the authorization for establishment was revoked on September 13, 2012, and treatment construction was subsequently revoked on January 6, 2014, and NA construction was conducted on February 7, 2014, with a view to preserving the claim for refund of the principal and interest of the instant loan, each provisional attachment (court 2013Kahap1039, 2014Kahap222).

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