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(영문) 서울중앙지방법원 2021.01.14 2018가단5148965

추심금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) In order to carry out the project to build apartment of a regional housing association with a site size of 28,403.00 square meters in Songpa-gu Seoul, Songpa-gu (hereinafter “instant project”), I used (tentative name) the name of the promotion committee to promote the establishment of the regional housing association (tentative name) and (tentative name) the name of the promotion committee to establish the regional housing association (tentative name) and the name of the promotion committee to establish the regional housing association under the Housing Act. However, it is obvious that I did not obtain authorization for the establishment of the regional housing association under the Housing Act.

The promotion chairperson of the instant promotion committee was the chairperson of the promotion committee.

2) From June 2015 to March 2016, the Plaintiffs entered into an agreement with the Chairperson of the Promotion Committee of the instant case with each of the following: (a) the Plaintiffs (tentative name) entering into each of the agreements to join the association (hereinafter “each of the instant agreements to join each of the instant associations”); and (b) at the time of entering into each of the agreements to join the instant association, the Plaintiffs paid the down payment and work promotion expenses for each of the instant agreements to the Plaintiff’s account, M Co., Ltd., Ltd., which was the company entrusted with asset management of the instant promotion committee, respectively.

3) Meanwhile, according to Articles 5 and 6 of the Agreement on the Admission of each of the instant associations concluded by the Plaintiffs as above, for the smooth construction of apartment buildings, the Plaintiff was selected as an agent for partnership affairs as an agent for partnership affairs, and M. was designated as a trust company for fund management.

In addition, at the end of each of the instant agreements for joining the association, the full amount of the down payment, including the cost of performing duties, shall be refunded upon the completion of construction deliberation by the end of June 2016 (Provided, That if it is impossible to obtain authorization for the establishment of the association by October 30, 2016 in the end of the instant agreements for joining the association concluded by Plaintiff E as special terms, it promises to fully refund including the cost of performing duties at the request of the contractor.

It was described as ‘.'

hereinafter referred to as the “instant special agreement terms” was written in the instant special agreement terms.

(b).