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(영문) 서울고등법원 2017.09.28 2016나2030867
비용상환청구의 소
Text

1. Of the judgment of the court of first instance, Defendant B, C, D, E, F, H, I, J, and K exceed the following amount ordered to be paid:

Reasons

Basic Facts

On March 3, 2006, the Plaintiff (a limited company P was changed to the Plaintiff on March 3, 2006; hereinafter “Plaintiff”) entered into a service contract for reconstruction improvement business to be conducted on a scale of approximately 35,006 square meters between the (tentative name), Qua housing association (R, the secretary general L) and the Seoul Special Metropolitan City Qua large 35,006 square meters.

The plaintiff on March 26, 2008, as amended on March 26, 2008, is the chairperson of the committee for promotion of the reconstruction/development/maintenance/maintenance/Maintenance project.

L. hereinafter “instant promotion committee”

(B) Housing reconstruction/Housing Redevelopment/Maintenance/Maintenance Project (hereinafter referred to as the “instant Project”) to be undertaken on approximately 137,519 square meters in Seoul Special Metropolitan City Twit-gu Seoul Special Metropolitan City.

(2) The instant contract for the relevant administrative agency services (hereinafter “instant contract”)

(2) The service amount and time shall be specified as follows:

(b) The agency fee shall be fifty thousand won per square meter on the total floor area; and

(VAT Map).

The standards, timing, and method for the payment of service costs to the Plaintiff by the instant promotion committee are as follows.

Article 7 (Operational Expenses, etc.) The plaintiff may not claim against the promotion committee of this case for any reason, if the project (designation of the rearrangement zone) of the association is nonexistent with respect to the general expenses (operating expenses) and the amount of the pre-paid funds for the designation and implementation of the zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on the District Parcel Number, as a result of a review of the data related to the establishment of the second reconstruction master plan provided by the promotion committee of this case.

In full view of the evidence No. 1-2 (the same as evidence No. 5) and evidence No. 1-2 (the same as evidence No. 5) and evidence No. 6, the part of the evidence No. 1-2 that “it is impossible to file a claim with the Promotion Committee of this case” is crossed off with a search line, and “the Promotion Committee of this case shall be responsible and reimbursed.”

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