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(영문) 서울동부지방법원 2020.01.21 2019가단128621
약정금
Text

1. The Defendants jointly share the Plaintiff KRW 92,147,00 and KRW 55,00,00 among them, from November 30, 2016 to 37,147.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff was established in Seongdong-gu Seoul, Seongdong-gu, to implement a A-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) and was dissolved on November 2018.

B. Defendant C and D are the children of Defendant B, and the Defendants owned the F Hospital within the instant improvement project zone and carried out the reconstruction project of the said hospital.

C. On June 2014, the Plaintiff and the Defendants drafted a written agreement with the following contents.

(hereinafter referred to as the “instant agreement”). A Housing Redevelopment and Improvement Project Association (hereinafter referred to as the “Union”) and F Hospital (Representative B, D, and C) shall conclude an agreement with each other in accordance with the following terms and conditions with respect to the F Hospital’s use of the land owned by the Cooperative before completion of the G Area for the smooth construction and completion of the G Area A and F Hospital (the scheduled site for contribution roads at the time of completion of the G Area), and make up two copies of the agreement and keep one copy of the agreement.

- Conditions -

1. The modification of designs shall be promoted by bearing the service costs as follows, in relation to the change of the relocation of subway exchange equipment and the entry and exit routes of route buses located at the 5 or 6 front of the demarcated land:

An existing company that has agreed on a separate consultation for the ETRO consultation service of a non-Korean association METO for the estimated amount of the charge subject to the charge shall be 10 million won in the amount of the traffic impact assessment change service

2. In principle, a temporary entrance door located on the surface of the H building shall be used for a rolling stock for construction of a new F Hospital;

Provided, That where it is extremely difficult to use this road due to a neighboring civil petition, etc., it shall use a bypass road in consultation with I separately from I.

3. In principle, if a F hospital has obtained approval for temporary use before completion of donation, it shall not use a road under construction except in cases where it is inevitable, such as an emergency vehicle, etc., in advance;

Provided, That at the time of obtaining the approval for provisional use, the progress of infrastructure is in progress.

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