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(영문) 인천지방법원 2017.05.16 2016가합55659
분양대금 등 반환청구의 소
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 170,000,000 and its amount from October 7, 2009 to Plaintiff B, and 160,000 to Plaintiff B.

Reasons

1. Basic facts

A. Defendant Cirre-building housing association (hereinafter “Defendant reconstruction association”) is a corporation registered on July 30, 2003 for the purpose of removing existing houses within Gyeyang-gu Incheon Metropolitan City and E-ground Cre-building complex and constructing new apartment and commercial buildings with the size of 2 underground floors and 15 floors above ground (hereinafter “instant building”).

B. On March 21, 2006, the defendant reconstruction association entered into an implementation execution contract for the reconstruction project with the defendant Roman Comprehensive Construction Co., Ltd. (hereinafter "the defendant company") (hereinafter "the execution execution contract of this case"), and its main contents are as follows.

[Article 1] (Qualification and Title)

3. The defendant reconstruction association shall provide the project site for the project, and the defendant company shall take charge of the execution of the construction facilities by investing the necessary expenses for lending the moving expenses, etc. and the execution of the project.

4. The defendant company shall belong to all the buildings except the shares of partnership after execution.

Article 2 (Scope of Contract Amount for Construction Work) The contract amount of the defendant reconstruction association shall be the sum of the additional charges for each member and the general sale price for apartments under Article 29.

[Article 2] Obligations of Defendant Reconstruction Association

5. The defendant reconstruction association shall pay to the construction company the amount equivalent to 70% of the 100 per cent of the 100 per cent of the 100 per cent of the 100 per cent of the 190 per cents which the defendant company invested and executed at the time of sale in lots when the defendant company sold in lots.

(except for the shares of partnership). (c)

On April 13, 2007, the defendant reconstruction association held a board of directors on April 13, 2007, and made a resolution to the effect that the defendant company should pay the entire shares in the second floor construction project and the apartment 32 square meters and 20 households in the second floor construction project, which are divided into the ownership of shares between the association members and the city construction project, as the second construction project amount, and to delegate the rights subject to sale

Plaintiff

A On September 9, 2009, between the Defendants and the Defendants, relating to No. 1001 of the instant building.

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