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(영문) 서울남부지방법원 2017.07.20 2016가합107098
손해배상(기)
Text

1. Defendant (Appointed Party) B (Appointed Party) An association for maintenance and improvement projects as well as the Plaintiff’s 290,000,000 won and its corresponding amount on January 14, 2014.

Reasons

1. Basic facts

A. 1) The Defendant Union is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a reconstruction project on a B-built Housing on the land of Gangseo-gu Seoul and 6 lots, and the designated parties and the Defendants are members of the Defendant Union (However, Defendant H lost their membership on February 26, 2012).

(2) From October 4, 2010 to April 28, 2008, the Selection Q is the president of the Defendant Cooperative (hereinafter “O”) and the Defendant Cooperative entered into a conclusive share construction contract (hereinafter “instant construction contract”) with the Defendant Cooperative on April 28, 2008 (hereinafter “O”) to provide the Defendant Cooperative with the land outside the Gangseo-gu Seoul Gangseo-gu P and six parcels owned by the Defendant Cooperative, and as a consideration therefor, with the 22 households newly constructed (hereinafter “instant building”). TheO supplied the Defendant Cooperative with the 22 households of an apartment newly built by investing the necessary business expenses in the land provided by the Defendant Cooperative and constructing the building facilities, and supplying the Defendant Cooperative with the 22 households of an apartment building built by constructing the building facilities, and the remaining 14 households shall be sold in general and appropriated from the construction expenses and the project expenses.”

[General Conditions of Construction Contract] Article 13 (Appropriation and Settlement of Construction Project Costs) (1) The O's construction project cost shall be appropriated for members' contributions, general sales proceeds (including welfare facilities other than 14 households in apartment), etc., and the management of the funds shall be conducted by the Defendant Union and theO in a joint account.

(2) Proceeds, etc. from sale shall not be received for any reason other than the bank account prescribed in paragraph (1) and the amount collected from outside the designated account shall not be recognized as proceeds, etc. from sale.

In addition, a person who conducts the sale should specify the fact that only the amount deposited in the passbook as provided in paragraph (1) is valid as the sale price and the account number and deposit account amount.

Article 14 (Sale of Remaining Generations) (1) The defendant association.

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