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(영문) 서울남부지방법원 2014.12.11 2014가합103894
손해배상 등 청구의 소
Text

1. The defendant shall promote the lawsuit from May 1, 2014 to the day of complete payment with respect to KRW 149,50,000 to the plaintiff.

Reasons

This case is related to the case that the plaintiff filed against the non-party CHousing Reconstruction Project Association that is the head of the association against the non-party CHousing Reconstruction Project Association.

Facts of recognition

The defendant is the head of the association, who is the representative of the CHousing Reconstruction Improvement Project Association established on September 7, 2007 (hereinafter "the cooperative of this case"), established on September 7, 2007, in order to implement a residential environment improvement project to remove the above ground houses and commercial buildings and newly build new apartments as the implementation zone of the rearrangement project, and performed the affairs of the association as follows. The plaintiff is the member of the association of this case.

In the articles of association of the association of this case, the details of the union member's occupancy charges and relocation expenses shall be as shown in the articles of association of the association of

Around June 2009, the instant association was awarded a contract for the construction of the removal of existing buildings and the construction of new apartment and auxiliary facilities (Evidence No. 4; hereinafter “instant apartment construction project”) to the non-party profit industry development corporation (hereinafter “non-party company”) within the said implementation zone (hereinafter “instant contract”). Among them, the details of the association members’ occupancy charges and relocation expenses are as stated in the attached Table 2 contract.

According to Article 32 of the articles of incorporation and Article 5, 12, 13, and 31 of the Agreement, in the case of relocation expenses, the non-party company lends interest to its members without interest, and then makes them repaid from its members on the designated date of occupancy. In the case of the partnership occupancy charges, the association members shall pay the occupancy charges to the association, and the said occupancy charges shall be appropriated for the construction project expenses of the non-party company

However, even though the non-party company, who is the contractor, agreed to lend the relocation expenses to its members without interest, the non-party company and the non-party company, whose funds were raised, shall have its members move directly from the financial institution.

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