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(영문) 서울중앙지방법원 2017.08.31 2017가합504638
매매대금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association approved by the head of Seodaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on June 22, 2007 in order to implement a housing redevelopment improvement project (hereinafter “instant project”) whose project implementation district covers 124 large scale of 283,260.7 square meters in Seodaemun-gu, Seoul Metropolitan Government.

B. 1) The Plaintiff entered into a purchase contract. The Plaintiff, via the head of Seodaemun-gu around December 2007, constructed by the Plaintiff to the Defendant through the implementation of the instant project (hereinafter “instant rental housing”).

(2) On January 201, 201, the Plaintiff submitted a written statement of calculation of purchase cost, which included construction cost and site cost. Of the construction cost, the total purchase cost was calculated by aggregating construction cost and site cost. Of the underground floor construction cost, the underground floor construction cost was calculated by applying the standard construction cost for the ground floor within 1/15 of the ground floor among the underground floors, and the floor area exceeding 1/15 of the ground floor area among the underground floors was calculated by applying 80% of the standard construction cost for the ground floor. The Defendant approved the construction cost for the underground floor. (2) The Plaintiff calculated the construction cost for the underground floor through the head of Seodaemun-gu, through the head of Seodaemun-gu, to the Defendant calculated the construction cost for the underground floor according to the same method, based on the total floor area following the change

3) On November 201, the Plaintiff, via the head of Seodaemun-gu, calculated the construction cost of underground floors pursuant to the foregoing identical method, and requested the Defendant to review the purchase cost calculation report reflecting the change of the usual and household number of the instant rental housing in accordance with the foregoing method, and approved the request. 4) On July 22, 2014, the Plaintiff requested the Defendant to enter into a purchase contract on the ground that the construction cost of the instant rental housing reached 20% or more through the head of Seodaemun-gu, and the Defendant was on July 2014.

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