(영문) 서울중앙지방법원 2020.06.17 2019가합569967

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자간(%)

(영문) 서울중앙지방법원 2020.06.17 2019가합569967

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On November 23, 2010, the Plaintiff is dissolved on May 11, 2019 after the completion of the instant project as a housing reconstruction improvement project association with an approval to establish an association for housing reconstruction with respect to the housing reconstruction project (hereinafter “instant project”) with respect to the head of Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan Government C, which is 74,974 square meters of land, from the head of Seo-gu.

(2) The Defendant was selected as the contractor of the instant project and removed the building site of the instant project in accordance with the project implementation plan of the instant project and constructed apartment houses, etc.

B. (1) Before the execution of the instant project, the Defendant presented to the Plaintiff a proposal for project participation (Evidence A6) regarding the selection of the contractor of the instant project, and the part related to the instant case is as follows.

The terms and conditions of business participation are as follows: (a) 3,727,000 won/3,000 won/3.3m2 of the financial expenses, including financial expenses for the contract construction work for non-fixed business method contract construction work; (b) 3,00,000 won/3m2; and (c) 16,727,000 square meters/3m2; (c) 16,777,000 square meters/3m2; (d) 16,80,000 square meters KRW 17,90,000 KRW 18,000,000 KRW 11,100,000 won per the household of directors within the scope of collateral security; and (e) 3,000,000 won per the household of the instant project construction work; and (e) the Defendant was selected as the contractor of the instant project; and (e) concluded the instant construction contract between the Plaintiff and the Plaintiff on December 23, 2014.

Article 2 (Scope of Construction Works to be executed by the Plaintiff and the Defendant) of the instant construction contract (the construction contract terms, A’s evidence 2, hereinafter “A”) “B” (the scope of construction works to be executed by the Plaintiff and the Defendant) is the removal of the buildings and obstacles on the site provided by the Plaintiff and the construction of apartment buildings and ancillary welfare facilities under the project implementation plan approved by the head of the competent local government.

유사 판례

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