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1. The part concerning Plaintiff C among the judgment of the first instance is revoked, and the Plaintiff C’s claim is dismissed.
2. The defendant C.
Reasons
1. Basic facts
A. The Defendant and H Co., Ltd. (1) The construction contract between the Defendant and the Defendant is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a reconstruction project on the “Glue House” on the land outside Gangseo-gu Seoul Metropolitan Government
(2) On April 28, 2008, the Defendant entered into a final contract for construction work with H Co., Ltd. (hereinafter “H”) on the following grounds: (a) on April 28, 2008, the Defendant is a joint project proprietor of the reconstruction project, and the Defendant and H are supplied with 22 households of Gangseo-gu Seoul Metropolitan Government I and 6 parcels of land owned by the Defendant to H; and (b) a new J apartment (hereinafter “instant apartment”). H entered into a final contract for construction work (hereinafter “instant construction contract”). The Defendant’s 22 households of an apartment constructed by investing necessary business expenses in the said land provided by the Defendant and constructing the building facilities, and supplied the Defendant with the newly built apartment with the construction cost and the project expenses.
[General Conditions of Construction Contract] Article 13 (Appropriation and Settlement of Construction Project Costs) (1) The H's construction project cost shall be appropriated for members' contributions, general sales proceeds (including welfare facilities other than 14 households in apartment), etc., and the management of the funds shall be conducted by the defendant and H in a joint account.
(2) Proceeds, etc. from sale shall not be received for any reason other than the bank account prescribed in paragraph (1) and the amount collected from outside the designated account shall not be recognized as proceeds, etc. from sale.
In addition, a person who conducts the sale should specify the fact that only the amount deposited in the passbook as provided in paragraph (1) is valid as the sale price and the account number and deposit account amount.
Article 14 (Sale of Remaining Generation) (1) The remaining households remaining after supplying the defendant's members shall comply with the Rules on Housing Supply, and the timing, sale price, sale procedure, etc. shall be determined by the defendant and H in advance.