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(영문) 부산지방법원 2017.03.30 2016가합48955
환급금지급청구의 소
Text

1. Defendants B apartment reconstruction and rearrangement project cooperatives, C, and D shall jointly and severally serve as KRW 1,773,252,530 on the Plaintiff and its corresponding amount.

Reasons

Facts of recognition

On June 30, 2003, the Plaintiff entered into a construction contract for a reconstruction project (hereinafter “instant construction contract”) with Defendant B apartment reconstruction project association (hereinafter “Defendant Association”) on the main contents of the following:

H, Defendant C, and D, as an executive officer of the Defendant Union, jointly and severally guaranteed the obligations of the Defendant Union under the above construction contract.

The title of the project: The location of the apartment reconstruction project in the Dong-gu, Busan Metropolitan City, and the method of construction other than the I: Final equity: The operator of the B apartment reconstruction housing association (A), and the operator of the B apartment reconstruction housing association (A): Article 4 (Method of performing the project).

1. “A” shall provide “B” with the land owned by the members of “A” and “A” and shall be supplied with the apartment and auxiliary welfare facilities newly built in return therefor.

In such cases, the term "A" means a land in a state that does not impede the commencement of construction works of "B" by securing the ownership of land and the right to use land.

2. “B” shall provide “A” with apartments and welfare facilities newly built under the conditions of payment in kind for the land provided by “A” after investing necessary project expenses in the site referred to in paragraph (1) approved by the head of the competent local government in accordance with the design documents, terms and conditions of the contract, etc., and constructing construction facilities, and the remaining building facilities shall be sold in general and appropriated for construction costs and project expenses;

3.The sale in general under paragraph 2 above may be arbitrarily determined as "B" as the rights and responsibilities of "B" in accordance with the relevant laws and regulations, and the method of sale, sale price, etc.

(In such cases, the contributions of members shall be the same as that of Article 5(1), and the increase or decrease of the amount of general sale shall belong to "B"; 4. The funds necessary for the relocation of members of "A" may be leased to members of "A", and in such cases, "A".

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