logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.01.11 2012가합7123
정산금청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a reconstruction association which obtained authorization for establishment from the Ansan market for the purpose of reconstruction of approximately 37,534 square meters of land for V apartment, W apartment, X-type, Y building, and natural village in Ansan-si for the purpose of S, T, and U (hereinafter “instant reconstruction”).

The defendant consists of apartment association members and commercial association members who own apartment in the above reconstruction complex, and the plaintiffs are the co-owners of the above V apartment complex and the commercial association members.

B. Around August 9, 2007, the Defendant entered into a contract for construction works with the two mountain Construction Co., Ltd. (hereinafter “dusan Construction”) under which the Defendant contracted all construction works for the reconstruction of this case to the two mountain Construction.

The main provisions relating to the instant contract for construction works are as follows:

Article 2 (Change of Proceeds) (1) of the Special Conditions for the Construction Contract (amended by the Constitutional Court Decision, the amendment of the Act, policies, etc.) where the system to build rental housing in the future is amended, "B" shall settle all of the remainder except for standard construction costs and project costs (such as authorization costs) at the time of the payment of the remainder from the contributions to be borne by members of

C. On September 7, 2007, members of the twosan Construction and the defendant's commercial association share free of charge 828.02 of the commercial association members of the V apartment association, which was approved as of the gold day, excluding Wit-type 44.49 square meters in the total area of the commercial association publication of April 10, 2007 and the 828.02 square meters in the area of the project implementation authorization publication of April 10, 207, in accordance with the standards set by the members of the commercial association.

On September 8, 2007, the following day, the Defendant agreed to hold an ordinary general meeting of partnership and confirmed the draft of the management and disposition plan concerning the reconstruction of this case (hereinafter “instant management and disposition plan”). D. On November 20, 207, the following day after the said management and disposition plan became final and conclusive, the representative of the Defendant, the Defendant’s member of the commercial partnership, and the two mountain construction, the total area of the commercial buildings in the books authorized to implement the project.

arrow