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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The owners of Mapo-gu Seoul Mapo-gu (hereinafter referred to as “Seoul Mapo-gu”) promoted re-building (hereinafter referred to as “existing Carryover”) and selected D Co., Ltd. as a re-building contractor (hereinafter referred to as “D”).
B. Defendants and their E own each of the existing Carryover 303 and 101.
E A. A. B. A. L. L. A. L. L. L. L. A. L. L. L. L. 303, the Defendant, on the one hand, lived in the above 101.
C. In the case of reconstruction of existing CBD, the owner shall bear the shares (the amount of shares is KRW 40 million for the defendant, KRW 50 million for E), and the defendant shall bear the shares to be paid by him and did not agree to reconstruction.
On June 20, 2014, the Plaintiff, the former secretary of D, prepared to the Defendant a letter of undertaking as follows (hereinafter “instant letter of undertaking”), and the Defendant consented to reconstruction.
The letter of undertaking: The General Director A (Plaintiff) of the D Company on June 20, 2014, the above principal, as the re-building contractor of Mapo-gu Seoul Metropolitan Government, will reduce or exempt the following number of members from the contribution of 501:
Land: Mapo-gu Seoul Metropolitan Government Carryover 303
E. At around June 2014, 12 owners, including the Defendant, are indicated as “the date of concluding the contract” as “5 May 1, 2014,” but the actual contract is deemed to have been concluded after the Defendant consented to reconstruction.
D and the following terms of rebuilding construction contract were concluded:
Contract amount: Contract price: 500 million won (=50 million won x 10 households) for 10 billion won for 12 households and for 2 households for 40 million won for 40 million won for 12 households and for 40 million won for 50 million won for 12 households and for 40 million won for 50 million won for 12 households (40 million won for 40 million won x 2 households).