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1.The judgment of the first instance shall be modified as follows:
2. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. 1) The Defendant Mutual Association is a housing redevelopment project in the Dongjak-gu Seoul Metropolitan Government G Group (hereinafter “instant project”).
As a maintenance and improvement project partnership that implemented the above land on October 23, 2007, the plaintiff and the plaintiff are apartment houses and welfare facilities (hereinafter referred to as "the apartment of this case") in the above site.
(2) The contract to contract the construction of new construction (hereinafter referred to as the “original contract of this case”)
2) On November 2009, the Defendant Union concluded a contract to modify the original contract of this case (hereinafter “instant modification contract”) with the Plaintiff and changed the construction cost to KRW 3,980,000 per square year, and the matters not specified in the instant modification contract were to comply with the original contract of this case.
The main contents of the instant original contract and the instant modified contract are as follows.
[Construction Contract and Change Contract] Article 2 (Business Outline)
1. Construction name: New construction of a housing redevelopment improvement project in a district A;
2. Location: Dongjak-gu Seoul Metropolitan Government G Group;
3. Site area: 55,536 square meters; and
4. Total floor area: 152,592 square meters (standards for authorization for a project implementation);
5. Floor area ratio: 227.71%;
6. A building plan;
(a) Scale: Article 3 (Construction Costs) (1) The unit cost for the usual construction of a building facility (a apartment, underground parking lot, and auxiliary welfare facility) shall be KRW 3,980,000 per square meter on the date of concluding the contract, and the total construction cost shall be calculated by multiplying the final total floor area approved by the head of the competent Gu, by the unit cost for the usual construction;
Provided, That value-added tax on buildings (including appurtenant facilities, such as underground parking lots), commercial buildings, etc. in excess of the scale of national housing shall be separately imposed.
(3) The unit price for construction works referred to in paragraph (1) shall be calculated under the conditions of the relevant project, such as the total floor area, floor area ratio, construction plan, geological conditions, etc. described in Article 2, and shall be adjusted
(4) Except for the adjustment of construction expenses under Article 6, after commencement.