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(영문) 서울서부지방법원 2017.06.22 2009가합17202
부당이득금
Text

1. The Defendant (including the Counterclaim) is jointly and severally liable:

A. The Plaintiff (Counterclaim Defendant) KRW 104,975,614 and this shall apply to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The relevant Defendant Frebuilding Housing Association (hereinafter “Defendant Association”) of the parties is established for the purpose of removing existing houses and newly constructing new houses in the Mapo-gu Seoul Metropolitan Government FF Group, and was approved by the head of Mapo-gu Seoul Metropolitan Government pursuant to the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter “State Promotion Act”) from the head of Mapo-gu Seoul Metropolitan Government on May 19, 1995 (hereinafter “the instant reconstruction project”). The Defendant Company is a joint proprietor of the instant reconstruction project and a joint proprietor of the instant reconstruction project, and the Plaintiff A, D, E, and deceased B (the Plaintiff succeeded to the deceased; hereinafter “Plaintiffs”) are members of the Defendant Association.

B. A resolution on the selection of the initial contractor and the conclusion of the initial rebuilding construction contract; 1) Defendant Union held an extraordinary general meeting on April 7, 2002, among 68 union members, and held a special meeting and held a company for the construction of mobilization housing (hereinafter referred to as “colation housing”).

(2) On May 11, 2002, the Defendant Union entered into a reconstruction project agreement (hereinafter “the first reconstruction project agreement”) with the mobilization housing construction company on the basis of the explanation on the proposal of the project plan and the consent of 33 members. The Defendant Union entered into a reconstruction project agreement (hereinafter “the first reconstruction project agreement”) with the mobilization housing construction company. The main contents are as follows:

Article 1 (Business Outline)

2. Location: G, H, I, J, K, L, M, N,O, P;

3. Two thousand square meters in total floor area of 12,034.15 square meters in a building site area of 3,631.00 square meters in a construction site area ( underground one story, 8-13 square meters on the ground), 249.92 percent in total area;

4. Members' contributions: The contributions per member household shall be as listed in attached Form 2.

[Rights' Shares: The exclusive area of apartment (the relevant square zone) and all incidental areas]

5. The scale of the construction in the preceding paragraphs will be subject to the approval of the project plan for housing construction and will be concluded on the basis of floor area ratio 249.92%.

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