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(영문) 서울고등법원 2016.01.22 2014나51390
손해배상
Text

1. The judgment of the first instance court, including each claim against the Defendants, reduced in the trial, is as follows.

Reasons

1. In addition to laying down or adding basic facts as follows, it is identical to “1. Basic Facts” among the reasons for the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added to 3 pages 17 of the first instance judgment:

The main contents of the instant construction contract are as follows. On December 21, 2010, the joint project undertakers of the instant reconstruction project, the representative of the project owner who was resolved by the residents' autonomous assembly on December 21, 2010 (hereinafter referred to as "A").

2) The Plaintiff Company (hereinafter referred to as “B”)

Article 3 (Status of Parties and Business Principles) (2) In relation to this contract, A represents the entire members of the 18th household residents' autonomous management committee, who are the building owners of A, and the acts performed pursuant to this contract shall be deemed to have been constituted as a whole of the members of the 18 household residents' autonomous management committee, who are the building owners of A, for the purpose of determining matters necessary for the A apartment construction project. Article 4 (Method of Implementation of Projects) (1) provides B with the land owned by the members of the 18 household residents' autonomous management committee, who are the building owners of A and B, and supplies B with the newly constructed apartment (65 square meters for each household) as substitute property. (2) In relation to the site provided by B, B, in accordance with the terms and conditions approved by the head of the competent local government, and in accordance with the terms and conditions of the contract, it is supplied to A with the newly constructed apartment as a substitute condition for the land provided by A, and the remaining construction expenses and construction expenses (hereinafter referred to as “construction expenses”).

(2) Members of the 18th residents' autonomous management committee, which are the owners of building A and A, shall have the area of the building facilities sold in lots.

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