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(영문) 서울중앙지방법원 2009.12.10 2005가합57283
이주대여금 등
Text

1. The Defendants are jointly and severally liable for damages to the Plaintiff, and the Defendants are jointly and severally liable for damages to the Plaintiff.

(a) 50,000,000 won from December 2, 2002

Reasons

1. Basic facts

A. H reconstruction association (hereinafter “association”) is established for the purpose of promoting the housing reconstruction project of the Seongbuk-gu Seoul and 227 square meters of land (hereinafter “the instant reconstruction project”) according to the Housing Construction Promotion Act around 1993, and it is a reconstruction housing association that obtained authorization from the head of Seongbuk-gu Office, the competent Gu office, for the establishment of the reconstruction project. Defendant E and net F (hereinafter “Defendant E, etc.”) are members of the reconstruction association who share one half of mentment block assessment house of Seongbuk-gu, Seoul and 18.13 square meters of land (hereinafter “the instant building”) on the site of the reconstruction project implemented by the association.

B. On December 8, 1993, the Plaintiff entered into a contract with the Cooperative for participation in the improvement of housing units with the following purport that it would lend funds necessary for the reconstruction project of this case to the Association and carry out new construction works.

Article 3 (Amount of Contract for Construction Work) The scope of contract amount for construction work shall be the aggregate of construction charges of each partner, general sale prices of apartment houses and commercial buildings, etc., and all kinds of loans, creation of mortgage and termination expenses, etc. in addition to construction expenses shall be borne by members of the partnership

Article 11 (Expenses Not Subsequent to Retroactive Mortgage) The association shall grant a loan of the total amount of KRW 2 billion (14%) to the Plaintiff by consultation about the method and time of lending the loan to the Plaintiff. The association shall set the amount equivalent to 130% of the maximum amount of debt on the site of the individual partner leased to the Plaintiff as a collateral in the first priority order, and the expenses incurred therein shall be borne by the association under its responsibility.

Article 12 (Relocation Expenses and Loans) The relocation expenses that the Plaintiff lends to the Association shall be extended to KRW 30,000,000,000 for interest-free interest and KRW 1,000,000 per square meter for at least 31 square meters, and interest-free loan (interest 12.5% per annum) shall not exceed KRW 43,00,000.

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