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(영문) 수원지방법원안산지원 2015.12.24 2014가합6982
분양대금반환
Text

1. Defendant B’s KRW 287,00,000 per annum for the Plaintiff and 5% per annum from July 7, 2008 to December 24, 2015.

Reasons

1. Basic facts

A. On October 16, 2001, the Defendant CF entered into a contract for the instant construction contract between the Defendants (hereinafter “Defendant CF”) with the Korea Water Resources Corporation on the share of 1,869.31/4 m2,054 m2,054 m2,054 m2,054 m2 (hereinafter “instant land”). On November 21, 2003, the Defendant CF entered into a contract for the instant construction contract with the Korea Water Resources Corporation on the share of 1,869.31 m2,054 m2,00 (hereinafter “instant construction contract”). Defendant B and the Plaintiff provided the instant land to the Defendant B as a business site, and Defendant B constructed the building of 2,00 m2 and 5 m2 above the instant land, and reverted all and part of the 1st m2 to the Defendant Cooperative and the remainder to be reverted to the Defendant B (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

Section 1 (Purpose) The purpose of this Agreement is to provide for the status, rights, obligations, etc. of A (Defendant Association) and B (Defendant B) with respect to the D Construction Project in Ansan-si, For the successful completion of the said Construction Project.

The scope of construction works to be performed by Article 2 (Scope of Construction Works) shall be the scope of construction works for commercial buildings, appurtenant welfare facilities, etc. under the final commercial construction project plan approved by the head of the competent local government on the site provided by A.

Article 3 (Status of Parties and Business Principles) (1) A and B shall be joint project undertakers who are responsible and liable pursuant to the related Acts and subordinate statutes on commercial building construction and shall implement the contract in accordance with the principle of mutual trust and good faith so that the project may be completed successfully.

Article 4 (Methods of Implementation of Projects) (1) A shall provide B with the land of Ansan-si D owned by A and its members, and in return, it shall be supplied with the commercial buildings and its appurtenant and welfare facilities newly built in return therefor.

In such cases, land to be provided to B shall be secured by Party A for the commencement of construction works of Party B by securing land ownership and right to use site.

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