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(영문) 서울북부지방법원 2018.07.05 2015가합20333 (1)
손해배상청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is liable to the defendant (Counterclaim plaintiff) for 267,535.

Reasons

Basic Facts

The sectional owners of “BL”, a multi-household in Seoul Special Metropolitan City, Nowon-gu, constituted a promotion committee to remove the above Ba (hereinafter “instant Ba”) and to build an urban-type residential housing. The said promotion committee (hereinafter the members constituted Defendant on May 23, 2013; hereinafter the said promotion committee referred to as “Defendant”) entered into a joint agreement (hereinafter “instant implementation agreement”) with D Co., Ltd., the Plaintiff’s telegraph (the Plaintiff was established on December 28, 2012, and the Plaintiff transferred the said contractual status; hereinafter the same referred to as “Plaintiff”) around November 2012.

The main contents thereof are as follows:

Article 2 (Method of Providing and Utilizing Land)

2. Subsidy 2) Methods of paying contributions and grants for implementing companies: Construction planning deliberation and a constructor, permission design, supervision service costs and expenses under the approval of a project plan shall be subsidized by the plaintiff. 3) In principle, buildings and sites other than those owned by members shall be purchased by the plaintiff, but it shall be purchased after consultation with the defendant.

Article 7 (Matters to be Agreed)

1. As a project promoted by combining the rights of many members of the defendant's re-entrusted housing unit, the defendant shall delegate the following matters to the plaintiff so that the defendant can smoothly promote various business consultation, rental business, legal business, etc. related to the authorization and permission (including approval for a new project) necessary for the new project of apartment units:

1) When a building permit (including approval of a project) is granted, a written consent for the use of a site shall be provided to the Plaintiff without changing the ownership of the building and the land, thereby promoting the business en bloc on behalf of the Plaintiff on behalf of the Defendant (a written consent for the use of the land, a seal imprint, and a seal imprint for the use of the site).

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