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(영문) 서울고등법원 2015.12.23 2015누30373
분담금
Text

1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).

Reasons

A. The following is the following. GS Construction may cooperate with the Plaintiff by arranging a financial institution, or GS Construction may lend it to the Plaintiff according to the terms and conditions of the loan separately determined by the Plaintiff:

11. Article 15 (Lease of Relocation Expenses) (1) The Plaintiff’s relocation expenses shall be determined as follows, depending on the details of existing property rights, the Plaintiff’s relocation expenses shall be borrowed directly by the Plaintiff’s member from the financial institution after consultation with the Plaintiff and GS Construction, and the construction of GSS shall provide support, such as the business agreement of the financial institution necessary for borrowing the relocation expenses. If the business agreement on the relocation expenses is not reached, the GSS Construction shall lend the relocation expenses of the Plaintiff’s member.

Basic relocation expenses (interest) 160,000,000 won on the basis of the basic relocation expenses * basic relocation expenses (interest-free rental) shall be the average amount calculated on the basis of 587 households of the building owner, paid * additional relocation expenses (interest-free rental) in consideration of the appraised amount in the case of additional relocation * additional payment within the scope of security * additional payment in consideration of the appraised amount * property rights adjustment according to the details of property rights * The interest on the basic relocation expenses shall be treated as business promotion expenses pursuant to Article 14(1) and the GS construction shall recover the amount as loans, separate from the construction expenses.

Provided, That the interest on the additional relocation expenses shall be paid by the plaintiff's member according to the interest rate presented by the procuring financial institution.

(5) When moving expenses are leased, the plaintiff shall request the plaintiff's member to furnish all documents related to the moving expenses (such as a monetary loan contract for consumption, a certificate of moving expenses, a certificate of repayment of obligation, documents related to the establishment of a right to collateral security, written consent to removal of obstacles, power of attorney, letter

(6) Where a member of the plaintiff intends to borrow his/her relocation expenses, he/she shall provide the land as security and become a creditor of financial institutions or GS construction.

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