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(영문) 서울동부지방법원 2016.08.17 2014가합108056
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff concluding a reconstruction contract is a reconstruction association which obtained authorization on April 17, 2007 for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant reconstruction project”) whose project district is Gangdong-gu Seoul Metropolitan Government as a project implementation district, and the Defendant served as the head of the Plaintiff’s association from June 27, 2009 to February 22, 2014.

On September 5, 2009, at an ordinary meeting held on September 5, 2009, the Plaintiff selected as a contractor for the instant reconstruction project, and entered into a contract for the instant reconstruction project with the wall construction company around April 2010.

On December 26, 2010, at the special meeting held (hereinafter “instant general meeting”) held around December 26, 2010, the Plaintiff resolved to the effect that “a loan of funds, its method, interest rate, and method of repayment” as the title “a loan from a financial institution or loan of funds from a financial institution in accordance with the construction contract entered into with the construction contract entered into with the contractor, and the interest rate shall be determined in accordance with the loan interest rate and the terms and conditions of the financial institution loan agreement entered into with the contractor, and the repayment of loans and loans shall be repaid to the contractor and the financial institution with union members’ charges and general revenues, etc.” as the subject of subparagraph 5.

Article 4 (Method of Implementation of Projects) (1) The plaintiff provides land and buildings in one parcel, other than Gangdong-gu Seoul Metropolitan Government, which are owned by the plaintiff and the plaintiff's members, to the brick construction, and the newly constructed apartment and auxiliary welfare facilities are supplied as substitute.

In such cases, land provided to a brick construction means land in a state that does not impede the commencement of brick construction works by securing the ownership of the land and the right to use the site.

(2) Walls construction shall be conducted by the plaintiff.

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