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(영문) 서울중앙지방법원 2012.11.15 2012가합53548
분담금
Text

1. The Defendants: 91,092,431 won, respectively, after completion of the liquidation of H Area Housing Association; and on April 22, 2006, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The JJ District Housing Association and the Yonhap News Association, the representative of which, from around September 30, 199, formed a new public corporation from around September 30, 199 to Korea as a Si Corporation, and carry out the apartment construction project (hereinafter “instant apartment project”). From around December 31, 2001, the MN Housing Association and the MN District Housing Association jointly carried out the said apartment project. The JJ District Housing Association and the MN District Housing Association concluded an agreement on January 30, 202 with the J District Housing Association and the MN District Housing Association to jointly carry out the said apartment project. The J District Housing Association and the MN District Housing Association purchased 18 lots, such as the Seongbuk-gu Seoul Metropolitan Government NN, while investing funds to purchase the remaining site and making profits from the project.

B. After that, the J Regional Housing Association and M District Housing Association were incorporated into H District Housing Association (hereinafter “instant Housing Association”) on July 3, 2002. On August 17, 2002, the head of Seongbuk-gu Office, the competent authority, obtained the authorization for the change of the Housing Association. On August 17, 2002, the instant Housing Association and Ulsan Construction Corporation were joint project undertakers, and the head of Seongbuk-gu Office approved the instant apartment project plan for the instant apartment project, but the instant apartment project with the said Company was not carried out properly due to the failure to smoothly raise funds for the purchase of the project site.

C. On October 7, 2002, the instant housing association is composed of the following contents in order to newly construct 339 households of O apartment units on the land outside Seongbuk-gu Seoul and 52 lots (which became 55 lots in total by dividing some parcels thereafter; hereinafter the same shall apply) between the above 3rd parties, the Plaintiff, the work executor, the Poco Construction Co., Ltd. (hereinafter “Poco Construction”).

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