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(영문) 서울남부지방법원 2014.03.27 2012가합3273
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 249,56,109 and the interest rate of KRW 20% per annum from November 8, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff holds a promissory note gold claim against Athi Jin Comprehensive Construction Co., Ltd. (hereinafter “Asti Jin Construction”).

The defendant is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") in order to implement a reconstruction project for B-built houses on the land outside Gangseo-gu Seoul Metropolitan Government and six lots.

B. A claim for ownership transfer registration against the Defendant for the construction of the Jinjin Construction (general terms of construction contract) (1) The Defendant shall provide the Jinjin Construction with the land (1,536.90 square meters) owned by the Defendant, Gangseo-gu Seoul Metropolitan Government and six lots of land (1,536.90 square meters).

(2) On the land referred to in paragraph (1) provided by the defendant, the construction project costs (hereinafter referred to as "construction project costs") shall be invested in the land and constructed with building facilities according to the terms and conditions of the construction plan approved by the head of the competent local government

(3) The superior construction shall be supplied with newly built apartment units under the condition that the defendant shall be paid the charges under Article 5, and the remaining construction facilities shall be sold in general and appropriated for construction costs and project expenses.

Article 5 (Standards for Payment of Charges by Members) (1) Charges that a defendant pays to a superior construction when he/she is supplied with a newly-built apartment pursuant to Article 4 shall be as follows:

27A-based partner's 111,642,70 won 27B-based partner's 112,581,600 won 27C-based partner's 27C-based partner's 112,581,600 won 27D-based partner's 110,712,00 won total of 22 households-based partner's 27D-based partner's 27D-based partner's 110,712,000 won, only KRW 110,712,000 won, may not raise the

(2) No charges shall be affected by increase or decrease in business expenses prescribed in Article 10, and no charges shall be adjusted according to matters other than those prescribed in Article 6.

Article 13 (Appropriation and Settlement of Funds for Construction Projects) (1) Costs for the construction projects for advanced construction projects shall be shared by members and others.

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