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(영문) 서울중앙지방법원 2017.12.07 2016가합540835
청산금
Text

1. The part of the Plaintiff’s lawsuit against Defendant Dol Construction Co., Ltd. exceeding the money indicated in the following sub-paragraph 2(b).

Reasons

1) Defendant B reconstruction and consolidation project association (hereinafter “Defendant association”)

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which obtained authorization to establish a housing reconstruction project on August 31, 2007 in order to implement a housing reconstruction project on the land of Goyang-gu, Seoyang-gu and 88 parcels.

(1) The housing reconstruction project partnership under the Housing Reconstruction Project Association, and Defendant Dok Construction Co., Ltd. (hereinafter “Defendant Dok Construction”).

(2) The Plaintiff owns D Apartment Na-dong 102, which is located within the said business area, as well as D Apartment 102.

On September 30, 2009, Defendant Barun Construction entered into a contract for construction works with the Defendant Association (hereinafter “instant contract”).

The main contents of the contract are as follows:

In this part, “A” refers to Defendant Cooperatives, and “B” refers to the construction of Defendant Barun.

Article 3 (Status and Business Principles between Parties) (1) In relation to this Agreement, A shall be deemed to represent the whole association members and the performance of A pursuant to this Agreement shall be deemed to be an act of rights and obligations of the whole association.

Therefore, the members of the A cannot directly demand the B to exercise one body's rights, and only through the A.

Article 4 (Methods of Implementation of Projects) (1) A shall provide B with the project site of Soyang-gu C in Soyang-gu Seoul, which is owned by A and its members, and in return, it shall be supplied with newly built apartment and its accessory and welfare facilities as substitute.

In such cases, the term "project site to be provided to B" means the land in a state that the plaintiff has no difficulty in the commencement of construction works by securing the ownership of the land and the right to use the site.

(2) In order to carry out this Agreement, Section 7 (Scope of Business). A and B shall share the following duties:

Provided, That all expenses related to the performance of services by Gap shall be borne by Eul.

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