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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. 1) The Plaintiff entered into a construction contract, etc.) The transfer-in apartment on the ground and two parcels, including the Suwon-si, Suwon-si, Suwon-si, and the transfer-in apartment (hereinafter “instant apartment”).
) A reconstruction project (hereinafter referred to as “instant reconstruction project”)
The association establishment was completed on May 30, 2003 as a housing reconstruction and rearrangement project association established for the purpose of the project. Article 3 (Principle of Project Implementation)
1. As the principal agent of the instant reconstruction project, Party A (Plaintiff) shall secure 100% ownership and exclusive-use water rights necessary for the instant apartment reconstruction project, which are owned or connected by Party A, so as not to impede the schedule of the project (Defendant), such as the commencement of construction works, etc. of Party B (Defendant), pay the construction cost, etc. under the provisions of Article 19, and reimburse the loans, etc. borrowed from Party B.
Article 4 (Scope of Construction Works and Costs-Bearing)
1.The scope and anticipated objects of the Project to be performed by B under this Agreement shall be as follows:
The scale of construction (based on a design change plan) - the object of the removal of the existing building and the construction of the remaining retreatment construction (based on a design change plan) - The scale of construction shall be 3 stories underground, 23 apartment buildings of 15-26 stories above ground, 166,54.37§³ above ground (50,379.98 square meters below ground), 67,548.90 square meters below ground (20,43.54 square meters), total of 234,094.27 square meters (70,813.52 square meters) - Total floor area ratio: 248.68%: - Total number of households: 1,351 households, and the object of new construction shall be conducted by mutual consultation with Gap and Eul in the process of authorization and permission, and Eul shall perform the object of new construction in accordance with the principle of mutual trust and good faith corresponding to the final and conclusive design.
2.The costs and conditions to be borne by the Corporation in performing the works referred to in paragraph 1 shall be as follows:
(1) Construction cost, civil construction cost, electrical construction cost, facility cost (based on individual heating), landscaping construction cost, landscaping construction cost, electricity, gas, water supply, telecommunications, etc., removal construction cost, and remainder disposal cost.