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(영문) 서울중앙지방법원 2014.01.16 2013가단11810

공사대금반환

Text

1. The part concerning the creditor subrogation claim among the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. B (hereinafter “instant association”) is an executor who has promoted the instant project with two underground floors, four apartment units with the size of 20 stories above ground, 20 stories above ground, and a new project for welfare facilities (hereinafter “instant project”) in Mapo-gu Seoul, Mapo-gu, Seoul, and D (hereinafter “D”) is an executor of the instant project.

Around July 2008, the instant association and D entered into a construction contract with the Defendant for new construction works of the said apartment.

An executor: A member of the B association (hereinafter referred to as “B”) association: An executor agency of the B association (hereinafter referred to as “B”): Article 1 of the D (hereinafter referred to as “C”) corporation: A shall carry out the project at the time when the approval of the project is not finalized, as a housing member qualified under Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, as a housing member qualified under Article 32 of the Housing Act, and Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, as a result, he/she shall delegate the relevant business entity to Byung for the implementation of the project, and shall pay the business promotion expenses to Byung as remuneration, and A shall supply one apartment household with the area of approval for use (such increase or decrease may be made at the time of authorization, permission, or change of statutes).

Article 2 [Duties of Agency for Cooperative Affairs] A recognizes the representation of the housing association of A, and delegates the following matters related to the authority of B and the promotion of projects to A, and A shall delegate to Byung, and shall be responsible and faithfully performed until the time of the occupancy of the project:

1) Members of Article 4 cooperate in managing the contributions of the Union members (the recruitment of the Union members, the authorization of the Union and the composition of the Union, the management of the Union members, the cooperation in the lottery of the same-class water, and all other activities related to the promotion of the project) 4) the project related to the purchase of land.