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(영문) 서울중앙지방법원 2015.06.05 2014가합528121

양수금

Text

All of the plaintiffs' lawsuits are dismissed.

The plaintiffs' preliminary claims are all dismissed.

Reasons

Basic Facts

Defendant Association is a regional housing association established on November 26, 2008 with the authorization of the head of Dongjak-gu Office to establish a joint housing construction project under the Housing Act (hereinafter “instant apartment construction project”) in Dongjak-gu Seoul Metropolitan Government D D D, and is a company that runs a housing construction project, etc.

(A) On August 5, 2008, E entered into an agency service contract (hereinafter “instant service contract”) with the Defendant Union to receive service costs after being entrusted with all the affairs pertaining to the implementation of the instant project, and after being entrusted with such affairs.

The main contents of the instant service contract are as follows.

(A) Article 4 (Scope and Duties of Services). (1) All the tasks to be performed by E upon entrustment by the Regional Housing Association shall be as follows:

1. Operations related to the Cooperative and the management of its members;

2. Affairs related to the commencement of projects;

3. Purchase of project sites, roads, and school sites;

4. Other business affairs related to C regional housing associations shall pay an amount equivalent to 30% of the actual investment amount within three months after authorization for establishment is granted for the establishment of an association, in return for the services in which E invests funds and carries out the projects in accordance with the purchase of land and construction works related to access roads for the project, school gymnasiums, land purchase, authorization or permission, etc. as the price for the services in which E carries out the projects.

Article 8 (Business Promotion Expenses) (1) E shall be paid 15,00,000 won per household from the members of a regional housing association in the name of business promotion expenses.

2. The business promotion expenses referred to in paragraph 1 above shall have an account opened in the separate name of E and directly received from the members of the C District Housing Association, and shall not be separately settled from the C District Housing Association.

Article 9 (Project Costs, Apportionments of Land Costs and Settlement) (1) E shall carry out the affairs referred to in paragraph 1 of Article 4 above and the affairs relating to the projects of the Association.

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