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(영문) 부산지방법원 2017.01.18 2016가합49231
약정금 내지 부당이득반환
Text

1. The Defendant shall pay to the Plaintiff KRW 569,212,723 and the interest rate of KRW 15% per annum from October 26, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is a housing reconstruction project partnership which completed the registration of incorporation on October 2, 2003 with the approval of the establishment on June 30, 2003 to implement the housing reconstruction project on the land of 600-8 and 52 lots, Dong-dong, Busan-dong, Busan-dong, and the plaintiff is a housing reconstruction project implementer of the said housing reconstruction project.

B. Article 4 (Method of Executing Project) ① (1) of the instant contract, etc. (hereinafter “A”, the same shall apply) provides B (the Plaintiff’s horse box box; hereinafter the same shall apply) with a lot of land outside 600-8 and 52 lots of land owned by the members of A and B, including the conclusion of the instant contract, and is supplied with new apartment and auxiliary welfare facilities as a substitute.

(2) Eul shall put in the site referred to in paragraph (1) provided by the competent administrative agency the necessary project expenses in accordance with the design documents, terms and conditions of this contract, etc., construct the building facilities and provide Gap with the newly built apartment and auxiliary welfare facilities on the condition of payment in kind for the land provided by the Gap, and shall sell the remaining building facilities to the general public and appropriate them

Article 5 (Standards for Payment in Kind) (1) The payment in kind for new apartment welfare facilities for the previous land or buildings owned by a partner of A under Article 4 (1) shall be as specified in attached Table 2.

(2) In any of the following cases, Gap and Eul shall be subject to the adjustment of the standards for payment in kind referred to in paragraph (1) through mutual consultation:

Article 13 (Lending, etc. of Project Promotion Expenses) (1) The project promotion expenses to be leased or supported by B in connection with the project shall be as follows:

(4) The project promotion expenses under paragraph (1) shall be leased to A at the time of each requirement, and A shall be paid in his/her name.

The e-mail A shall submit to B all the documents evidencing the details of the project cost and all the documents.

Article 17 (Business Promotion Expenses and Suspension of Lease, etc.) (1)

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