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1. Defendant (Counterclaim Plaintiff) shall pay 985,00,000 won to the Plaintiff (Counterclaim Defendant) and its related amount from February 18, 2011 to August 21, 2013.
Reasons
1. Basic facts
A. The Plaintiff is a housing reconstruction project partnership that completed the registration of incorporation on July 11, 200 with the approval of establishment on July 11, 200, and the Defendant is a company with the purpose of housing construction project, etc., by organizing the owners of the first underground floor and the fifth floor housing and the commercial building located in Seo-gu, Busan (hereinafter “instant project site”).
B. On August 2, 2005, the Plaintiff and the Defendant entered into a construction contract with respect to the above A-A-project on the method of giving payment of apartment and commercial buildings to the Plaintiff’s land invested in kind is not a contracting method (cash payment method) but a share method (share payment method).
(hereinafter “instant construction contract”) was concluded, and the main contents thereof are as follows:
The scope of the project under A-A-B (2) project: The location of the project under the project under paragraph (3) of A-A-B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
Article 4 (Method of Implementation of Projects) (1) The plaintiff provides the defendant with the land of Seo-gu Busan, which is owned by the plaintiff and the plaintiff's members, and is supplied with part of the newly constructed apartment and commercial buildings as a substitute.
In such cases, the land to be provided to the defendant shall be secured by the ownership of the land and the right to use the site and shall not hinder the commencement of the defendant.