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(영문) 서울고등법원 2017.06.22 2016나2039499

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for dismissal or addition as set forth in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420

2. 3, 3, 14-15, 3, 14-15 (the part of paragraph (d) of Article 1), as follows:

Article 2 (Principles)

3. The Plaintiff shall delegate the F with all the powers pertaining to the implementation of the Project, and shall bear the F’s additional contributions in settling the revenue therefrom, and shall be recognized as F’s service cost and performance cost at the time of the occurrence of the revenue. In so doing, the Plaintiff’s additional contributions shall not be borne by its members.

4.F shall deal with all the affairs arising from the development of the project, such as selection of and conclusion of the contract for the project, management of the project, authorization and permission (a geological survey, survey, permission for market establishment, deliberation on construction, deliberation on construction, selection for mid-term reconstruction, authorization of association, building permission, sale in lots and settlement of accounts, etc.,

Article 3 (Scope of Service Agency)

2. The scope of services to be provided by the F shall be as follows:

(1) Handling expenses for the execution of the project site. (2) The selection of a contractor, conclusion of contracts, management of the project site. (3) The classification of the use, the price of sale, the sale price, the sale in lots, and the settlement of accounts of the project site.

1.F shall bear all the expenses after authorization for the establishment of an association.

2. The costs under Article 6(1) above shall be settled by F on behalf of the Plaintiff on behalf of the Plaintiff, and the Plaintiff shall cooperate with respect to necessary matters, such as the issuance of association seal impressions for smooth taxation, accounting and tax reduction.

A person shall be appointed.

D. D Co., Ltd. changed its organization to a reconstruction association, a plaintiff, and the plaintiff was authorized to establish an association on January 10, 200 by the head of Yangcheon-gu Seoul Metropolitan Government.

The Plaintiff and F Co., Ltd. (hereinafter “F”) entered into an enforcement contract on February 22, 200 on behalf of the Plaintiff and F Co., Ltd., (hereinafter “F”), and on May 16, 2000, set the fixed date at the new general law office of a law firm conducted by a notary public.