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(영문) 서울중앙지방법원 2018.03.19 2017나21397

용역비

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates real estate development business, business management and management consulting business, etc., and the Defendants are sectional owners of R and S located in Ansan-si (hereinafter “instant commercial building”).

B. 1) The building reconstruction execution contract of this case 1) The building management body composed of the sectional owners of the building of this case is reconstructed of the building of this case (hereinafter “building of this case”) through the ordinary general meeting on February 28, 2012.

(2) On March 12, 2012, the company A and the sales agent company A concluded the instant rebuilding execution contract with the purport that they will be entrusted with the reconstruction execution business of this case on March 12, 2012, and upon which A and the said company entered into the rebuilding execution agency contract, the company would later settle the expenses incurred in advance as project expenses (construction safety diagnosis of buildings, construction authorization, etc.) with financial institutions loan, etc. for the business, and the contract amount shall be determined as the basic execution agency fee for the repair of the execution agency. < Amended by Presidential Decree No. 2477, Dec. 2, 2013; Presidential Decree No. 24470, Jan. 16, 2013; Presidential Decree No. 24477, Jan. 22, 2013> The management body agreed to terminate the instant rebuilding execution agency contract concluded with A on January 22, 2013; Presidential Decree No. 24770, Mar. 22, 2013>

C. The Defendants under the joint project implementation agreement among the Defendants agreed to participate as joint implementers for the instant reconstruction project on October 2014, thereby making investments in kind and making profits for the joint project implementation.