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(영문) 서울중앙지방법원 2016.05.27 2015가합532783

채권자대위에 의한 청산금청구의 소

Text

1. The Defendant: (a) from October 31, 2015, the Plaintiff’s KRW 180,400,000 to Plaintiff A, and the Plaintiff’s KRW 124,50,000 to Plaintiff B.

Reasons

1. Basic facts

A. Status of the parties 1) C Reconstruction Project Association (hereinafter “C Reconstruction Association”)

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall hold an inaugural general meeting of the Association on April 26, 2007 in order to implement a housing reconstruction project on the land outside Seoyang-gu Seoul Metropolitan City D and 88 parcels, and thereafter obtain authorization to establish the association on August 31, 2007 (hereinafter “Urban Improvement Act”).

(2) On September 30, 2009, the Defendant entered into a construction contract (hereinafter “instant contract”) with C reconstruction Association on September 30, 2009 to implement the said housing reconstruction project. The main contents are as follows.

Article 3 (Status of Parties and Business Principles) (2) In relation to this Agreement, A (C reconstruction Association, hereinafter the same shall apply) represents the whole members, and the acts of A performed under this Agreement shall be deemed to be acts of the whole members of the Association.

Therefore, the members of the A cannot directly demand the B (the defendant, hereinafter the same) to exercise their rights, and only through the A.

VII.(Scope of Business)For the implementation of this Agreement, A and B shall share the following duties:

(Provided, That all expenses incurred in relation to the performance of services by Gap shall be borne by Eul, and shall not affect the contributions of members). (2) The scope of services and responsibilities by Eul shall be as follows:

4. The relocation expenses of the association members of A, and the various expenses incurred in the business agreed upon by B with B, or the support expenses Article 14 (Lending and Gratuitous Support of Business Promotion Expenses) (1) The business promotion expenses to be lent to B in relation to this business shall be as follows:

4. The purchase cost of the undivided sectional ownership. (3) The project promotion cost under paragraph (1) shall be leased to A at the time of each requirement, and A shall submit documentary evidence to B when claiming necessary funds.