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(영문) 울산지방법원 2018.07.18 2017가합22748

청구이의

Text

1. Certificate No. 51, 2017, No. 51, written by the Defendant-Counterclaim Plaintiff’s office against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a preliminary counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a regional housing association established for the purpose of running a new apartment construction business (hereinafter “new construction business of this case”) in Ulsan-gu D D (hereinafter “instant project site”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a company established for the purpose of running real estate leasing business, selling business, etc.

B. (tentative Name) A regional housing association promotion committee (hereinafter “instant promotion committee”) entered into an administrative service agency contract (hereinafter “instant agency contract”) with E Co., Ltd. (hereinafter “Nonindicted Company”) on January 2015 with respect to all business affairs related to the purchase of the instant project site. The main contents are as follows.

Article 2 (Division of Administrative Affairs) of the Administrative Service Agency Contract

1. The promotion committee and the non-party company shall share their respective duties for the prompt and normal performance of the project in good faith and shall cooperate and be responsible for that portion.

2. The promotion committee shall faithfully implement the following:

1) 2) Purchase of the project site: 3) Allocation of all the project costs related to the project in question; 5) Selection of all the service companies related to the project site and cancellation of the limitation of rights, such as provisional disposition on the whole site of the project site; 6) Execution of all the service companies related to the project, including the above work, and the conclusion of the contract; 7) support and delegate en bloc to the non-party company all the decision-making necessary for the project, including the above work. 3. The non-party company is delegated the promotion committee’s work in paragraph 2 to perform the following tasks in good faith; 1) Examination of the site location and all the work related to the purchase of the project site; 3) Examination of the feasibility of the land sales contract; 4) Land transaction Report and the registration of transfer of