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(영문) 대전고등법원 2014.11.21 2013나10756
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 207,00,000 as well as to the plaintiff from December 18, 2006 to December 2012.

Reasons

1. Basic facts

A. On September 8, 2003, a comprehensive district construction contract for the instant implementation and construction contract (hereinafter “district construction”) concluded a district comprehensive construction and construction contract for the instant reconstruction project (hereinafter “instant reconstruction project”) with a joint implementer of the instant reconstruction project, a joint implementer of the instant reconstruction project, and an execution and construction contract for the instant reconstruction project (hereinafter “instant implementation and construction contract”) to remove the existing village housing located in Bupyeong-gu Incheon, Bupyeong-gu, and to build an apartment complex of 170 households and 8 debentures of the instant apartment units (hereinafter “instant reconstruction project”).

The main contents of the instant implementation and execution contract are as follows.

Article 3 (Status of Parties and Business Principles) The instant reconstruction association and district comprehensive construction shall be joint project undertakers who are responsible and liable pursuant to related Acts and subordinate statutes, such as the Housing Construction Promotion Act, and shall perform the contract in accordance with the principle of mutual trust and good faith so that the project may be

Article 4 (Methods of Implementation of Projects) (1) The instant reconstruction association provides a comprehensive district construction association with the land of the C reconstruction project located in Bupyeong-gu Incheon Metropolitan City D located in the association and the association members, and in return, is supplied with new apartment and incidental facilities as substitute.

(2) A comprehensive district construction project shall be conducted by investing necessary project expenses and constructing construction facilities to supply the association with the apartments and welfare facilities newly constructed on condition of payment in kind to the land provided by the reconstruction association of this case, and the remaining construction facilities shall be sold in general to the association and appropriated from the construction expenses and project

Article 19 (Sale of Units by Members) (1) The reconstruction association of this case shall complete the same number of houses and sales contract by members of the association within 30 days after formulating the management and disposal plan under Article 18.

(2)

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