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(영문) 서울중앙지방법원 2015.12.10 2014가합523874
손해배상등
Text

Defendant A Apartment Housing Reconstruction Project Association (hereinafter “Defendant A Apartment Housing Reconstruction Project Association”) from May 20, 2014 to the Plaintiff in terms of KRW 160,941,608.

Reasons

Basic Facts

The Plaintiff is a specialized management businessman of rearrangement projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the Promotion Committee for the Establishment of A apartment house reconstruction and Improvement Project Cooperatives (hereinafter referred to as the "Promotion Committee of this case") is an organization organized in accordance with the Urban Improvement Act to establish an association that implements a housing reconstruction project of Seocho-gu Seoul Metropolitan Government C (hereinafter referred to as the "project of this case") and approved for

On September 16, 2010, the Plaintiff entered into a contract for the specialized management of the instant project with the instant promotion committee, and agreed on the Plaintiff’s “B” and the instant promotion committee as “A” as indicated in the attached Table.

(hereinafter. (hereinafter, the instant contract). On November 22, 2013, the instant promotion committee held a general meeting of inhabitants to elect Defendant B as the chairperson of the promotion committee, and decided to terminate the instant contract by holding a general meeting of inhabitants on March 10, 2014. Accordingly, on March 17, 2014, the instant promotion committee notified the Plaintiff of the termination of the instant contract.

On October 23, 2014, the Mayor of Seoul Special Metropolitan City designated the project area of this case as the Seoul Special Metropolitan City Public Notification D, as an improvement zone under the Urban Improvement Act.

On February 16, 2015, the head of Seocho-gu approved the establishment of the defendant A Apartment Housing Reconstruction Project Association (hereinafter referred to as the "Defendant Association") for the purpose of implementing the project in this case. Accordingly, the defendant Association succeeded to the rights and obligations of the Promotion Committee in this case and taken over the lawsuit in this case.

On the other hand, the Plaintiff agreed to pay KRW 124,954,665 equivalent to 10% of the service price in the instant contract to the Plaintiff (hereinafter the said money, the down payment) and filed a lawsuit against the instant promotion committee (Seoul Central District Court 2014Gahap51697) claiming the payment of the down payment and the borrowed money against the Plaintiff separately from the instant contract, and taken over the said lawsuit on October 8, 2015.

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