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(영문) 서울중앙지방법원 2019.01.16 2017가합589387
공사대금
Text

1. The plaintiff

A. Defendant B District Housing Association: (a) the amount of KRW 5,186,591,230 and KRW 14,757,214,643 among them shall be determined on January 31, 2018.

Reasons

Basic Facts

The Defendant Cooperative is a regional housing association established with the authorization of establishment under the Housing Act by the head of Jincheon-gun as a prospective housing construction site from the head of Jincheon-gun on January 20, 2015. The remainder of the Defendants (hereinafter collectively referred to as the “Defendant Cooperative members”) are the members of the Defendant Cooperative that entered into a contract for joining an apartment association of the Defendant Cooperative and a regional housing association (hereinafter referred to as the “instant agreement for joining an association”). The content of the instant agreement for joining the association and the management rules of the Defendant Cooperative are as follows.

Article 3 of the Agreement to join the Association of this case (Selection and Terms and Conditions of the City Corporation)

1. The contractor for the apartment of this case shall be the plaintiff, and the contract for the construction contract shall be concluded with the defendant association entrusted with the authority pursuant to Article 2.

2. A person scheduled to perform construction shall be 500,000 won per 3.3 square meters for members, and shall be deemed not to pay additional dues for members, which are not prescribed in the matters determined by the rules of the association or the general meeting of

(other than paragraph 4 of Article VI)

3. Approval for the sale of an apartment unit in general shall be made on the responsibility of the defendant's association and Byung, and the company scheduled to execute the sale of the apartment unit in general shall not have the defendant's association and the defendant's members bear all expenses incurred

Article 6 (Contributions to Members)

1. Mutual aid members' contributions shall be all the costs incurred in promoting the project, such as land purchase costs, construction costs, design and supervision costs, agency works costs, and other expenses incurred in promoting the project;

Article 23 (Matters to be Resolved at General Meeting) (1) The following matters shall be determined by a resolution of the general meeting:

3. Contracts to be borne by members, other than the matters prescribed in the budget;

4. On December 16, 2014, the Plaintiff entered into a contract for the selection and change of a contractor and a contract for construction with the Defendant Cooperatives and the District Housing Association (hereinafter “instant apartment”) for the new construction of an apartment (hereinafter “instant apartment”) (hereinafter “instant construction”) in the following business agreements.

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