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(영문) 부산고등법원 2014.08.14 2013나5534

약정금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. An overview of the parties’ relations (1) The Plaintiffs are members of the U apartment reconstruction association established for reconstruction project (hereinafter “UU association”) in Busan-gu T and 16 lots (hereinafter “instant land”).

② The Defendants concluded a business agreement with U.S.A., V apartment reconstruction association (hereinafter “V.”), the same construction company, and the reconstruction association’s apartment building (hereinafter “instant apartment”) in the name of “W” on the instant land.

B. On June 30, 2005, U.S.A., V. and V. concluded a business agreement between the Defendants and the new construction company and the Seoul Central District Court for rehabilitation on November 12, 2008. On March 24, 2011, between the Defendants and Si/Gu construction company for construction of apartment units on the instant land and supply them to the Plaintiffs’ members, and the remaining generations concluded a business agreement with the general supply to promote projects appropriated for project costs and construction costs (hereinafter “instant business agreement”). The relevant provisions of the instant business agreement are as follows.

- Article 3 (Business Apportionments) (1) The contents of “A”’’ work are as follows:

6.With respect to all the claims and obligations arising from the present workplace, such as accounts payable, limited real rights on land, the exercise of the entire city and the arrangement of contractual relations, arising from the present workplace until the present contract shall be provided to "B" and shall be arranged in consultation with "B".

(2) The duties of “B” shall be as follows:

5. Operating expenses of the association, which are paid after the waiver of the business of the former operator (Amateur) and the former operator and the former operator and the relocation expenses of the association members (with no interest).