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(영문) 서울중앙지방법원 2014.10.10 2013가합60178
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Formation of the reconstruction promotion committee (appointed parties, hereinafter “Defendant”) and the designated parties, and the Defendants (hereinafter “Defendant”)

In addition, the owner of a building (hereinafter referred to as the “owner of a building”) is a co-owner of approximately 1,084 square meters in P, Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the “instant land”) at the same time, and at the same time, two multi-family housing units, “RR-building” on the ground, and 16 households, respectively, form a promotion committee for reconstruction of RR-building (hereinafter referred to as the “instant reconstruction”), and on May 4, 200, appointed Defendant C as its representative, and delegated all of the affairs related to reconstruction.

B. (1) On May 13, 2002, the building owner entered into a reconstruction contract with the Southern Mine Development Co., Ltd. (hereinafter “Seoul Mine Development”) with the following contents for the reconstruction of this case:

(1) The building owner shall provide the instant land to the Southern Mine Development, and the remaining mining development shall provide the building owner with the newly built apartment and ancillary welfare facilities in return for the provision of the land.

(2) Where the difference arises between the area of apartment buildings to be sold in lots and the area of welfare facilities and the area of land to be supplied by the project owner, it shall be settled, and the remaining apartment buildings shall be sold in lots to the project owner and appropriated for the construction cost

(3) Sale price, etc. of general sale shall be determined by mutual agreement with project owners.

(2) On the other hand, Defendant E, F, G, H, I, J, K and Appointer S (hereinafter “project owner”) among the project owner each of the instant land among the instant land to Pung Mutual Savings Bank (hereinafter “Pung Mutual Savings Bank”) in order to secure a guarantee for loans for construction expenses incurred in the development of south Mine (hereinafter “instant loans”).

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