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(영문) 인천지방법원부천지원 2016.07.07 2015가단109722
잔여채무분담금청구
Text

1. The Plaintiff:

A. As from February 4, 2016, Defendant C’s KRW 784,758 and its related thereto:

B. Defendant D shall be 722,155 won and this.

Reasons

1. Basic facts

A. On October 27, 2010, the Plaintiff is an association established with the authorization of establishment from a vice-market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Plaintiff association”) for the purpose of implementing a housing redevelopment project with the area of the project consisting of the 138,439 square meters in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and the Defendants are the owners of real estate in the said project area and are the members of the Plaintiff association.

B. On December 26, 2010, the Plaintiff Union: (a) held a general meeting on December 26, 2010 to select X corporations and Y corporations as the contractor (hereinafter “instant contractor”); and (b) received KRW 1.2 billion from X corporations and KRW 1.8 billion from Y corporations as bid deposit.

C. Some of the members of the Plaintiff Union filed an application for dissolution of the Plaintiff Union with the consent of a majority of the owners of land in the project implementation district, and upon the said application, the Busan City Mayor revoked the authorization to establish the Plaintiff Union on February 10, 2014.

Accordingly, the Plaintiff Association filed a lawsuit against the Plaintiff Association seeking the return of bid deposit of KRW 3 billion as Seoul Central District Court 2014Gahap55635, and the said court rendered a judgment on December 4, 2014, stating that “The Plaintiff Association shall pay to Y Co., Ltd. the amount of KRW 1.8 billion and KRW 1.2 billion per annum to X Co., Ltd. from September 16, 2014 to the date of full payment.”

E. Articles of the articles of association of the Plaintiff Union (hereinafter “Articles of association”) concerning the bearing of rearrangement project costs and the sharing of remaining obligations are as follows.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. An association under Article 34 (Imposition and Collection of Rearrangement Project Costs) (1) of its duty to pay costs, such as rearrangement project costs, liquidation money, dues, late payment charges therefor, late payment charges (including late payment of interest, delay of a contract, delay in dispute between the association members, etc.).

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