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(영문) 수원지방법원 안양지원 2021.01.12 2019가단10260

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established on January 15, 2014 under the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act”) in order to implement a housing redevelopment and improvement project (hereinafter “instant redevelopment project”) at the Guang-si C. In addition, the Plaintiff is a company with the purpose of a specialized maintenance and improvement project management business under Article 102 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions.

B. On June 17, 2009, before the Plaintiff was established, the Promotion Committee for the Establishment of the instant redevelopment project, which entered into a specialized management service contract for the rearrangement project (hereinafter “instant renewal service contract”) with the Defendant entered into a contract with the Defendant for the specialized management of the rearrangement project (hereinafter “instant renewal service contract”) with the content that the Defendant performed with the Plaintiff’s entrustment of the instant redevelopment project-related business affairs. Of the instant maintenance service contract, the parts relating to the instant case are as follows.

For the successful implementation of a project for the redevelopment and improvement of housing within the A zone at the king of Article 1 (General Provisions) of the Specialized Management Services Agreement for Maintenance and Improvement Projects, “A (the plaintiff and the plaintiff; hereinafter the same shall apply)” shall entrust “B (the defendant and the defendant; hereinafter the same shall apply) with the services within the scope of Article 2 and actively cooperate with “B” so that “B” may be promoted in good faith, and “B” shall have the responsibility and duty to perform in accordance with the terms and conditions of the contract.

Article 2 (Scope of Services) (1) “B” shall carry out the following affairs in connection with this contract, and the preparation and processing of documents related to such affairs shall comply with the provisions related to the law and redevelopment of urban and residential environments and the regulations related to the redevelopment and the articles of incorporation of the Promotion Committee for “A” and the articles of incorporation of the Association after the establishment of the Association, and “B” shall actively cooperate with “A” in performing this affairs:

A. (1) Acting as an agent for the affairs pertaining to the consent to partnership establishment and the consent to rearrangement projects; (2) Acting as an agent for all kinds of written consent forms; (3) Acting as an agent for the draft of redevelopment written consent forms; (4) Acting as an agent;