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(영문) 서울중앙지방법원 2014.06.26 2012가합39375
손해배상(기)
Text

1. Defendant A Apartment Reconstruction Association: (a) KRW 50,000,000 for the Plaintiff and its related thereto from August 24, 2009 to June 21, 2012.

Reasons

1. Basic facts

A. The conclusion and progress of the instant first construction contract 1) Defendant A Apartment Reconstruction Association (hereinafter “Defendant Association”)

) The Guro-gu Seoul Metropolitan Government Government (hereinafter referred to as the “instant reconstruction project”) shall be the reconstruction project of the above-ground A apartment on eight parcels.

For this purpose, on May 9, 2003, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for which the head of the Gu has obtained the approval of the housing association.

(2) On December 14, 2005, the Plaintiff entered into a construction contract (hereinafter “instant first construction contract”) with the Defendant Union on a contract amount of KRW 19,048,380,000 (excluding value-added tax) for the purpose of the instant reconstruction project, and the construction contract (hereinafter “instant first construction contract”) with a period of 20 months from the date of reporting the commencement of the construction period.

The main contents of the terms and conditions of the instant construction contract and special terms and conditions are as follows.

[Terms and Conditions of Construction Contract] Article 2 (Scope of Construction Contract) The scope of construction work to be executed by the Plaintiff is the scope of construction work for apartment buildings, appurtenant welfare facilities, etc. under the final housing construction project plan (including approval for modification) approved by the head of the competent local government on the

Article 4 (Method of Implementation of Projects) (1) The Defendant Union shall provide the Plaintiff with the land owned by the members of the Defendant Union and the Defendant Union, and pay the construction contract amount to the Plaintiff. The Plaintiff shall construct the construction facilities in accordance with the design documents and contracts approved by the head of the competent local government on the land provided by the

In this case, the land that the defendant union provides to the plaintiff refers to the land in a state that does not impede the commencement of the plaintiff's construction work by securing the ownership and right to use the land.

(2) Relocation expenses of the members of the defendant association, and business expenses of the defendant association shall be the defendant association and the defendant association.

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