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(영문) 서울중앙지방법원 2018.11.23 2018가합508552
약정금
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 324,548,424, and KRW 107,065,858, and KRW 101,886,119, respectively.

Reasons

1. Basic facts

A. The Defendants andO were owners of land outside the Gwanak-gu Seoul Special Metropolitan City P and 27 parcels, and the owners of the above land including the Defendants andO held an inaugural general meeting on May 15, 2006, when they promoted the establishment of a regional housing association for the project to remove the above land and newly build and sell the apartment, etc. (hereinafter “instant project”).

The general meeting of the meeting adopted the articles of incorporation and appointed theO as its representative.

B. The Qu District Association (hereinafter “Pu District Association”) and the Association members, including the Defendants, were to establish a regional housing association under the Housing Act and promote the instant project. However, some of its members opposed to the completion of the registration of ownership transfer under the name of a prop association with respect to their own land. As such, a prop association failed to meet the requirements for establishment of a regional housing association under the Housing Act, and thus did not obtain authorization for establishment of a regional housing association.

C. After that, the prop unions and its members directly become the project proprietor and entered into a joint project agreement to promote the instant project as the project proprietor on 2006 with R Co., Ltd as the contractor, and as the joint project proprietor, as the S Co., Ltd. as the executor, to promote the instant project.

While the said R and the said S (hereinafter collectively referred to as “R, etc.”) have been implementing the instant project by means of a final equity system, the said R and the said S (hereinafter referred to as “the instant project”), due to the aggravation of financial standing, renounced all the execution and lien related to the instant project and suspended construction around March 4, 2008.

E.O has spent expenses incurred in the instant project on behalf of its members, including the Defendants. The members of a propup association agreed on August 21, 2008 to KRW 4,100,000,000 which was invested in connection with the instant project and deducted KRW 596,081,361, which was the amount paid.

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