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(영문) 서울고등법원 2017.07.13 2016나2058872
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. The Plaintiff A and the 16 members of K et al. (hereinafter “members”) decided to remove one H-house on the ground of 958 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to build an urban-type residential house on that ground. On April 2013, the Defendant, a contractor, entered into a contract for a reconstruction project of H-type urban housing (multi-family housing) with the Defendant, a H-type urban housing (multi-family housing), and the main contents are as follows.

(hereinafter referred to as the “instant construction contract”). The name of the project: The location and size of the project of the H-type urban residential housing [multi-family housing] reconstruction project: 15 households (1,2, and 5 households) of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu: The 15th generation (1,2, and 5th generation of each 1,3rd generation): The H-type one shall be removed, and the 29 households shall be reconstructed in the name of each member.

Details of the project: Lending and repayment of funds necessary for the implementation of the project, sharing of expenses, removal of old buildings, and methods and details of the implementation of new construction works of construction facilities (the Building Act) which are finally authorized by the competent authority: It shall be the method of payment in kind for the land owned by the members.

Article 4 (Method of Implementation of Projects) (1) Members shall provide the Defendant with land owned by Dongdaemun-gu Seoul Metropolitan Government, and in return, shall be supplied with urban-type residential housing (multi-family housing) and ancillary facilities newly built in return.

(hereinafter) (2) The Defendant shall newly construct a complex-type (multi-family housing) and supply the remainder to its members and sell it to the general public.

(3) The defendant shall construct three complexes (multi-family housing) on the land above, and shall give priority to supplying the members of the existing household with 15 households.

(4) The remaining households (14 households) excluding the portion supplied by members shall be recognized as the shares of the defendant, and the defendant shall appropriate the remaining household for the construction price at the time of use thereof.

(5) Relocation expenses received from the defendant and the contributions to be paid by members shall be designated as the date of occupancy or the date of completion of approval for use.

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