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(영문) 서울중앙지방법원 2015.12.16 2014가합565168
구상금
Text

1. The plaintiff's action against the defendant A, B, C, D, E, F, G, H, I, and J shall be dismissed.

2. The plaintiff, the defendant K 8,000,000 won.

Reasons

The summary of the case is that the Plaintiff seeks reimbursement from Defendant K, L, M, N, andO on behalf of the P Area Housing Association (hereinafter referred to as the “Association”) (hereinafter referred to as the “Association”) which is the debtor, for the payment of the unpaid sale price, etc. due to the partnership’s simultaneous performance of the obligation to transfer ownership and the simultaneous performance of the obligation to transfer ownership.

In fact, on December 13, 2005, the Plaintiff entered into a construction contract for the construction work of Q apartment (excluding value added tax) with respect to the new construction work of Q apartment with the Plaintiff’s association on December 13, 2005, with the construction cost of KRW 70,736,04,00 (excluding value added tax) and 33 months from the date of the commencement of the construction period, and on December 26, 2007, the construction cost of KRW 74,472,256,573 (including

As a partnership did not pay the balance of the construction cost 1,495,186,371 won, the Plaintiff filed a lawsuit against the partnership on June 27, 2014 (Seoul Central District Court 2014Gahap54447) seeking the payment of the construction cost and the registration of creation of a mortgage on the unsold construction property (Seoul Central District Court 2014Gahap545447). On September 17, 2014, the amount of construction cost 1,495,186,371 won and the amount thereof, from November 24, 2012 to August 13, 2014, 10.5% per annum under the agreement and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment, and the settlement was established to order the partnership to implement the registration of creation of a mortgage on unsold construction property.

On the other hand, the partnership is currently insolvent.

A union and the Defendants except Defendant E, in the process of entering into a sales contract and litigation between the Defendants, and the network R (the Defendant E solely inherited the rights and obligations of the network R pursuant to the sales contract under the following contract with the death of the network; hereinafter referred to as “Defendant E” without distinguishing before and after inheritance) shall sell the land and buildings owned by the union and sell the land and buildings owned by the union to purchase new apartment bonds as a partner in return for providing the project site, but the union provided the project site.

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