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(영문) 서울행정법원 2016.08.19 2016구합56745
청산금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. Basic facts

A. A district housing redevelopment and rearrangement project association (hereinafter “instant association”) is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project with the whole B unit of Eunpyeong-gu Seoul Metropolitan Government as a rearrangement zone, and the plaintiffs and the defendants are the members of the instant association.

The Intervenor joining the Plaintiffs (hereinafter “ Intervenor”) received a new housing redevelopment project from the instant partnership on March 3, 2008, and completed the new construction project on December 22, 201 in accordance with the construction contract concluded with the instant partnership.

B. However, as the general allotment of apartment and commercial buildings newly constructed due to a redevelopment project is low and it is anticipated that the construction cost cannot be fully appropriated as the originally scheduled project cost, the instant union and the intervenor reached an agreement on the modification of the construction contract to the effect that, on December 22, 2011, the general allotment price of apartment buildings and commercial buildings is reduced, the sales promotion cost for the general allotment of apartment buildings and commercial buildings is added to the budget for the project cost, and the amount of expenditure for the partnership's project cost should not be at issue if there is an increase or a decrease in the amount of expenditure for the partnership's project cost. The Plaintiffs jointly and severally guaranteed the Intervenor

C. Until now, the instant association did not pass a resolution to increase project costs by bearing additional contributions from its members.

Around May 2014, the Intervenor attached the Plaintiffs’ real property as the claim for the unpaid construction cost against the Plaintiffs, a joint guarantor, the instant partnership and the instant joint guarantor, and applied for a payment order of KRW 10 billion, which is part of the above construction cost claim against the instant partnership and the Plaintiffs around July 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 10 through 14, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs' assertion is accepted upon the request of the instant association.

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