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(영문) 부산지방법원 2016.07.27 2015가합2860
공동수급인지위확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of housing construction and sales business, and the defendant is a housing redevelopment and maintenance project association established for the purpose of housing redevelopment improvement project in the first district of the Japanese-gu Seoul Metropolitan Government No. 307 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On September 22, 2006, the Plaintiff and NAS Construction Co., Ltd. (hereinafter “SS Construction”) concluded a contract between the Defendant and the contracting party (hereinafter “instant contract”), which includes the following: (a) the contract between the Defendant and the Defendant; (b) the contract between the Plaintiff and the Defendant.

A contractor: Defendant contractor:

1. The principal contractor Ss. Construction;

2. Joint work executor Plaintiff (hereinafter referred to as “Plaintiff, etc.”) Article 4 (Method of Implementation of Project) (1) The Defendant provides the Plaintiff, etc. with land within the rearrangement project zone owned by the Defendant and the Defendant’s members, and pays the construction contract amount, and the Plaintiff, etc. will supply the construction facilities on the land provided by the Defendant.

Article 5 (Financial Resources for Business) (1) The defendant shall provide the land under Article 4 (1) to the plaintiff, etc.

(2) The plaintiff, etc. shall perform the following in constructing construction facilities under Article 4 (1), lending project promotion expenses, etc., and performing the construction works:

1. Construction works ( Apartments, parking lots, and ancillary facilities);

13. The total amount of construction expenses to be paid by the defendant to the plaintiff, etc. is calculated by multiplying the total floor area of the construction project authorized by the authority to approve the project implementation by the amount of KRW 2,985,000 per square meter;

Article 9 (Period of Construction) (1) The period of construction shall be within 34 months from the date of commencement of the actual construction under Article 16 of the Building Act after the removal of obstacles within the project site and the completion of disposal of residues.

Article 15 (Project Promotion Expenses) (1) The project promotion expenses under this contract shall be as follows, and the plaintiff, etc. shall be as follows:

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