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(영문) 서울중앙지방법원 2015.10.08 2014가합546426
시공자지위존재확인청구의소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s establishment of Yongsan-gu Seoul Metropolitan Government was established for the purpose of implementing an urban environment rearrangement project in Zone IV around International Building (hereinafter “instant rearrangement project”) in the Han River-ro 63-70, and obtained authorization for the establishment of an urban environment rearrangement project association on October 12, 2006 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff completed the registration of incorporation on February 28, 2007, and obtained authorization of the instant implementation plan on June 7, 2007.

B. On June 13, 2003, the Plaintiff selected the Defendants as the executor of the instant rearrangement project. (2) On November 27, 2007, the Plaintiff entered into a contract with the Defendants on the construction of multi-family housing, business facilities, religious facilities, sales facilities, ancillary welfare facilities, etc. (hereinafter “instant construction”) under the project implementation plan for the implementation of the instant rearrangement project (hereinafter “instant construction”). As to the construction of multi-family housing, business facilities, religious facilities, sales facilities, and ancillary welfare facilities, etc. under the project implementation plan for the implementation of the instant rearrangement project, for a period of 41 months from the date the actual construction

its key

Details are as follows:

Article 9 (Contract Amount for Construction Work) (1) The construction cost to be paid by the Plaintiff to the Defendants shall be an amount calculated by multiplying the total floor area of the construction facility, which has been finally approved by the head of the competent local government, by the unit cost of construction per square meter (5.3 square meter per 5.3 square meter and value-added tax separately).

Article 17 (Lending Business Expenses) (1) The business expenses under this contract are as follows. The Defendants shall lend the business expenses to the Plaintiff within 10 days from the date of the Plaintiff’s claim, if there is no objective reason to the Plaintiff in accordance with the terms and conditions of the lending separately prescribed by the Plaintiff:

(hereinafter referred to as "loan of operating expenses of a cooperative") Article 19 (Lease of operating expenses of a cooperative) The Defendants shall lend 45,323,00 won per month to the interest-free person for expenses necessary for the operation of the cooperative, but the period of lease shall be from this contract to 12 months after the date of occupancy.

Article 21 (Suspension of Lending Business Expenses)

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