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Reasons
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(영문) 서울중앙지방법원 2017.01.19 2015가합575612
원상회복청구
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1. Defendant A’s Housing Redevelopment Improvement Promotion Committee: KRW 1,526,656,01 and its 1,067,030 among the Plaintiff.

Reasons

Basic Facts

The Defendant Committee is an organization that obtained approval from the head of Seongbuk-gu Seoul Metropolitan Government on November 1, 2005 in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the remainder of the Defendants except the Defendant Committee are the executives of the Defendant Committee and promoters of the Committee or their successors (the deceased heir I and J).

On June 30, 2003, the Defendant Committee entered into a contract for construction work (hereinafter “instant provisional contract”) with the Plaintiff, and Defendant B, C, D, E, F (hereinafter “Defendant promoters”) and the network L (hereinafter “instant promoters”) signed and sealed the “joint guarantor” column of the instant contract as an executive officer or a promoter of the Defendant Committee.

The main contents of the instant provisional contract relating to the instant case are as follows.

1. Construction name: After the M redevelopment project, the redevelopment project was changed to A housing redevelopment project;

2. Place of construction: Seoul N,O, and Japan in Seongbuk-gu;

5. Construction period: Commencement date - Completion date after completion of removal works - 24 months after commencement.

6. Construction cost: An amount obtained by winning the total floor area of the building cost of KRW 2,955,00 (excluding value-added tax).

7. Project operator: The Defendant Committee.

8. Contractor: Article 6 of the terms and conditions of the contract for plaintiffs;

1. The officers of the Defendant Committee elected in accordance with the articles of incorporation of the Defendant Committee shall be obligated to faithfully comply with this Agreement, and shall be joint and several sureties of the Defendant Committee at the time of entering into any contract relating to the project

In order to guarantee this, the defendant committee shall submit to the plaintiff the certificate of association establishment authorization and the certified transcript of register.

2. When there is a change in executive officers of the Defendant Committee, required documents shall be submitted to the Plaintiff.

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