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(영문) 서울중앙지방법원 2013.09.06 2012가합75869

분담금및업무추진비반환

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are members of the tentative District Housing Association (hereinafter referred to as the “instant apartment”) that will be constructed in the future, and the Defendant Credit Construction Co., Ltd. (hereinafter referred to as the “Defendant Credit Construction Co., Ltd.”) concluded a service contract on behalf of the instant association, and take charge of the sale of the instant apartment and the recruitment of its members.

B. On July 28, 2009; on October 17, 2009, Plaintiff B entered into each of the following “C regional housing association membership agreement and cooperative agency agreement” (hereinafter “instant contract”); and on each of the following contracts (each of the evidence Nos. 1 and 2) the Defendant Dom chips signed and sealed Defendant Dom chips as the executing agent, and Defendant Dom chips as the completion agent, respectively.

[Indication of Object] An object: C regional housing association or apartment (12 square meter size): members of the instant association (hereinafter “A”): Agency for the execution of the instant association members: Defendant Dom chip (hereinafter “B”): Defendant Dom chip (hereinafter “C”) under Article 1 (general provisions) of the Housing Act, Article 32 of the Enforcement Decree of the same Act, and Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, are required to implement the project under a final and conclusive state of approval of the project as qualified housing association members under Article 17 of the Enforcement Rule of the same Act, so the relevant business shall be delegated to Byung to perform the project on behalf of others, and the business promotion expenses shall be paid to Byung as remuneration, and Gap may increase or decrease the area of approval for use (as at the time of approval and permission) by the household in full payment of the association members and the business promotion expenses in accordance with the construction contract and the business schedule.