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(영문) 서울북부지방법원 2016.09.09 2015나34503
구상금
Text

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. Facts of premise;

A. (i) The Plaintiff is a reconstruction improvement project association (hereinafter “instant improvement project”) that was authorized on August 20, 202 by making one of the main defendants in Dongdaemun-gu Seoul as a business site and as a reconstruction improvement project association that was established on August 20, 2002. The Defendant is a commercial member who owns a commercial building within the said project district, and modern construction is the said improvement project executor.

B. On December 21, 2012, the Plaintiff filed an application for parcelling-out to the Plaintiff on September 16, 2004, the period for filing an application for parcelling-out, and entered into a contract for parcelling-out (17,91,000 won for refund) on 116 commercial buildings in the building to be newly constructed with the Plaintiff, and completed registration of preservation of ownership on April 24, 2014.

Article 420,910 won of acquisition tax imposed on the Defendant on October 31, 2007. Meanwhile, the above sales contract is governed by the Plaintiff’s supervision, and all necessary expenses, including acquisition tax, are borne by the Defendant.

B. Around September 2003, the National Bank, the Plaintiff, and Hyundai Construction made a loan to the Plaintiff’s members of the household collective housing funds, such as intermediate payments and moving expenses, and the Plaintiff and Hyundai Construction entered into a loan agreement with the Plaintiff for joint and several guarantee.

B. On November 24, 2004, the Defendant entered into a monetary loan agreement on “60,000,000 won for moving expenses without interest” (hereinafter “instant loan agreement”) with Hyundai Construction, and the main contents thereof are as follows:

The actual results: Hyundai Construction, Loaner: Defendant, Joint Guaranteeer: Plaintiff 1 (Contents of Money Lending and Lending)

1. The relocation expenses that modern construction lends to the defendant shall be paid from the bank in the name of the plaintiff's member to the customer financing, and the modern construction shall be jointly and severally guaranteed for the relocation expenses.

It is the expiration date of the designation of apartment as the date of Hyundai Construction Bank Agreement in 60,000,000 with interest-free relocation expenses on the repayment date of the loan borrowed by the defendant separately.

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