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(영문) 서울고등법원 2017.04.07 2016나2069476
구상금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) On November 19, 2002, the Plaintiff (the number of its members was changed to 32 persons thereafter) was changed to 19 November 19, 2002, when the number of its members was changed to 32.

2) On June 30, 2003, the Plaintiff and South Korea building industry company, site size: 1,945 square meters, size: 1,945 square meters and 63 households (hereinafter “the instant apartment house”) and the project cost: 5,350,000,00 won were approved for the housing construction project plan.

B. Article 4 (Terms and Conditions of Shares in New Construction and Charges) (1) The Plaintiff is supplied with each household (exclusive area of 63.38 square meters), including the conclusion of the instant contract. The Plaintiff’s shares in each member of the present A are KRW 25 million.

(25 million won ¡¿ 32 billion won = 800 million won). (3) The I shall sell the remaining households that remain after the payment to the Plaintiff and appropriate them to the construction cost and operating expenses.

④ The Plaintiff may not demand that I pay dividends for the construction loan incurred by the sale of the remaining household units remaining after the payment of the remainder to the Plaintiff.

Article 5 (Contract Construction Costs) The sum of the Plaintiff’s charges prescribed in Article 4 (1) and the profits from the sale of a new building (general apartment units) shall be the contract construction cost.

Article 6 (Bearing of Expenses) (1) Expenses to be borne by I for the Project shall be as follows:

1. Construction cost;

2. The design and supervision cost;

3. The contract amount is KRW 4,662,00,000 (including value-added tax) with regard to the new construction work of the apartment in this case, where the apartment in this case cannot be constructed due to the circumstances of the South and North Korea building industry company (such as sale expenses, fees, advertising expenses, etc.).

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