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(영문) 서울북부지방법원 2015.04.22 2013가합21394
계약금반환 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs concluded a construction contract with the Defendants on April 10, 2012 in order to remove the deteriorated existing building and implement a reconstruction project that newly constructs 24 households on the site as part of the owners of L Housing 16 households (hereinafter “the instant apartment house”), which was established in the Seoul Special Metropolitan City, Nowon-gu’s ground (hereinafter “instant construction contract”). At the time of the completion of the said construction, the Plaintiffs paid the Defendants a share of KRW 42 million for each household after the completion of the said construction, and supplied the Defendants with each new house, and the remaining eight generations agreed to pay the Defendants as the construction price.

B. According to the instant construction contract, around April 2012, the Plaintiffs deposited KRW 150 million with the Plaintiff, the representative of the Plaintiff, who received the instant tenement house as collateral from the Gwangju Life Savings Depository (However, Plaintiff I’s input amount of KRW 30 million), and approximately KRW 1.2 billion among them were paid to the Defendants, and the Plaintiffs (excluding Plaintiff I) were returned KRW 80 million for free moving expenses.

C. Of the owners of the instant row housing, M (101) completed the respective registration of transfer of ownership to N on June 14, 2012, O (105) to P on May 31, 2012, Q (107) to P on June 7, 2012, and R (305) to S on June 26, 2012.

The owners of the instant tenement housing, including the Plaintiffs, established L reconstruction Association (hereinafter “instant association”) by holding an inaugural general meeting to implement the said reconstruction project on September 2012. The owners of the said apartment housing, among the owners of the said apartment housing, passed a resolution on the said reconstruction on September 2012, the owners of the remaining 13 households, excluding T, U, and V, of the owners of the said apartment housing.

(hereinafter referred to as “instant rebuilding resolution”). E.

On December 14, 2012, the instant association filed a lawsuit following the exercise of the right to demand sale, etc. by the Seoul Northern District Court 2012Kahap10359 against T, etc. without the consent of the rebuilding resolution. However, the instant association removed the building in the rebuilding resolution on June 12, 2013.

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