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(영문) 서울중앙지방법원 2015.11.17 2015나13538
정산금
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants resolved to reconstruct a rebuilding construction contract (1) and a multi-household house owned by the Plaintiff and the Defendants, in Seoul Special Metropolitan City, H large 238 square meters and I large 248 square meters and multi-household house on the ground of 248 square meters.

(2) On August 2003, the Plaintiff and the Defendants concluded a contract under which the construction of a new comprehensive construction company for the reconstruction of 14-household apartments (hereinafter “the instant apartment”) was awarded to the new comprehensive construction company (hereinafter “new comprehensive construction”) (hereinafter “instant contract”).

(3) Under the instant contract, the Plaintiff and the Defendants received each of the instant apartment units newly constructed, and the New Jinjin Comprehensive Construction agreed to the effect that the remaining households except the Plaintiff and the Defendants were sold (hereinafter “general allotment”) should cover the construction cost and several expenses with the money sold in lots, as follows.

In entering into a contract for the construction project (shared) above, the above owner shall be referred to as “A” and shall be referred to as “B” and shall be referred to as “B” and this Agreement.

Article 4 “A” and “B” shall sell and settle all construction proceeds, indirect construction costs, expenses, and other all of the buildings except approximately KRW 25.7 square meters (Article 34-37 square meters) for the exclusive use area of the owner's share in 900 square meters, excluding approximately 25.7 square meters of the total building area of 1,100 square meters.

Provided, That "A" shall not be required other than a contract, and "B" shall not be additionally requested even if the construction fund is paid.

Article 6 Prior sale or substitute construction of the above building may be implemented after removal, and it may be approved with the seal of the representative of the owner.

(A) On September 4, 2003, the following agreements (hereinafter referred to as the “instant agreement”) were written on September 4, 2003: (a) the Plaintiff, the Defendants, and the New Jin Integrated Construction, signed the agreement (hereinafter referred to as the “instant agreement”).

1. This paper.

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