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(영문) 서울북부지방법원 2018.02.08 2017가합24063
위약벌청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

In order to implement a housing redevelopment improvement project (hereinafter referred to as the "project in this case") whose project area covers 30,745.2 square meters in Seongbuk-gu Seoul Metropolitan Government, the defendant is the redevelopment and consolidation project partnership that has obtained approval for establishment from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the plaintiff is the defendant's member.

On December 3, 2013, the Plaintiff prepared a written agreement between the Plaintiff and the Defendant’s former president and Nonparty D with the following contents:

(hereinafter referred to as the “instant arrangement”). The Defendant of the Agreement (hereinafter referred to as the “A”) and the Plaintiff of the F Company in Seongbuk-gu E (hereinafter referred to as the “B”) agree with respect to the Housing Redevelopment Project (hereinafter referred to as the “instant Project”) as follows:

The agreement shall be prepared in two copies, and the "A" and "B" shall be kept in one copy.

Article 1 (Duties of “A”) 1) “A” means “this project’s neighborhood living facilities 10 square meters (the contracted area of 323.10 square meters)” (hereinafter “instant shopping center”).

(2) After the resolution of the General Assembly in 2014, “B” requires “B” to enter into a sales contract for neighborhood facilities with the amount of sales in lots by its members. 2) “B” after the conclusion of this agreement with “A” is to complete relocation through consultation with “A” to the extent that it does not impede the commencement of the project.

Article 2(1)(i) “A” and “B” after the conclusion of this Agreement shall, to the extent that it does not impede the commencement of the project, undergo consultation with “A” and “B” to the extent that it does not impede the commencement of the project. Article 3(1) and “A” withdraw all pending lawsuits.

Provided, That this shall not apply to existing assets increase lawsuits.

In addition, the lawsuits related to the "this project" shall not be filed in the future.

2 “A” may implement the terms of this Arrangement.

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