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(영문) 서울동부지방법원 2021.02.03 2020가합104253
약정금
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendants are members of an association (hereinafter “the instant association”) organized for the reconstruction project of Dong Pho-dong and Gu Qho-gu (hereinafter “instant reconstruction project”) on each of the instant land in Songpa-gu Seoul N andO (hereinafter “instant land”).

B. On August 7, 2017, the Defendants concluded a reconstruction project agreement with the Plaintiff regarding the instant reconstruction project (hereinafter “instant agreement”) with the Plaintiff by organizing the reconstruction promotion committee, a telegraphic body of the instant association, and the main contents are as follows.

The Defendants (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) shall enter into a reconstruction project agreement (hereinafter referred to as “contract”) as follows, and each Party shall implement the contract on the basis of the principle of mutual trust and good faith:

Article 2 (Basic Matters of Corporation)

3. Construction details (hereinafter referred to as “instant construction”).

(c) Scale of construction: Urban residential housing - Industrial complex multi-household 20 households; and

5. Total contract amount: Article 4 (Business Expenses and Construction Expenses) (1) The project expenses shall be the sales amount for the general 8 household units except for 12 households of “A” among the 20 households specified in Article 5 from the total floor area on the construction permit letter, and the construction expenses shall be directly executed in accordance with the design drawings and the construction expenses shall be at least 2.5 billion won (Attachment No. 2.5 billion) (1) The construction contract. (1) The construction contract shall be completed within one month from the date the construction permit is granted to the residents within the construction area and shall not interfere with the commencement of the construction work of “B”.

Article 25 (Sale in Lots and Shares of Site) (1) The remaining eight houses remaining after supplying them to members shall be sold in general, and the objects, methods, procedures and sale price shall be determined.

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