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(영문) 서울중앙지방법원 2014.07.17 2013가합11992
부당이득금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Defendant A’s association (hereinafter “Defendant A association”) is a market maintenance project association established with the authorization of establishment on March 25, 2004.

Defendant B is the president of the Defendant Union, and Defendant C, D, E, and Selection F, and G are directors of the Defendant Union.

The Defendant Cooperative (hereinafter “instant project”) undertaken the J redevelopment project (hereinafter “instant project”) that newly constructs and sells the instant building (I commercial building Nos. 83 and apartment Nos. 68) on the land outside Gangnam-gu Seoul and five parcels, and the project implementation authorization was granted on October 16, 2007.

On July 17, 2009, the Plaintiff was awarded a contract with the Defendant Cooperative to construct the instant building.

[Construction Amount: 4,620,00 won per square meter (including value-added tax) of the total floor area of the building (4,943.98 square meter), business method: Final shares (115% of the shares of the building owned by the market partner) and under the following, “the instant construction contract.” The Defendants and the designated parties except the Defendant association jointly and severally guaranteed the obligations of the Defendant association under the instant construction contract.

Defendant Union was authorized on September 15, 2009 by the management and disposition plan.

원고는 2012. 2. 무렵 피고 조합의 조합원들 및 일반 수분양자들에게 이 사건 건물에 대한 입주자 사전 점검을 하였고, 그 뒤 일반 수분양자들에게 입주지정기간을 2012. 3. 27.부터 2012. 4. 30.로 정한 입주 안내문을 건넸다.

그 후 원고는 2012. 3. 2. 피고 조합에 준공인가 전 사용허가신청에 필요한 서류를 건넸고, 그 무렵 그 공사를 완공하였다.

Defendant Union obtained permission prior to the completion of the instant building on April 9, 2012 (the period of permission for use: from April 9, 2012 to August 31, 2012).

On June 18, 2012, the Defendant Union held a special general meeting on June 10, 2012 and passed a resolution to amend the management and disposal plan to raise the compensation shares of the members of the ownership of a part of the building site, and ② a resolution to modify a part of the design of the building of this case

Defendant Union on July 25, 2012

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