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(영문) 서울중앙지방법원 2016.08.17 2015가단5224745
채권자대위에 의한 청산금청구
Text

1. The defendant shall pay 11,750,000 won to the plaintiff and 5% per annum from August 28, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. 1) Status of the parties concerned

2) The project area of this case is the land of Goyang-gu and 88 lots (hereinafter referred to as “instant project area”).

(1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which was approved to establish an association on August 31, 2007 after holding an inaugural general meeting of the association on April 26, 2007 to implement a housing reconstruction project.

2) The Plaintiff is the Housing Reconstruction Project Association under the Housing Reconstruction Project Association. (2) The Plaintiff owns the Goyang-gu D apartment No. 505, Gyeyang-gu, Gyeyang-gu, Seoul, located in the instant project zone.

3) On September 30, 2009, the Defendant entered into a contract for construction works with the non-party union (hereinafter “instant contract”).

Article 3 (Status of Parties and Business Principles) (2) In relation to this contract, the non-party union represents the whole of its members and regards the act of the non-party union performed under this contract as an act of rights and obligations of the whole of its members. Therefore, the non-party union members cannot directly demand the defendant to exercise their rights and obligations, and can only take part in the non-party union through the non-party union. In order to implement this contract under Article 7 (Scope of Business Affairs), the non-party union and the defendant share the following duties (Provided, That all expenses related to the performance of duties of the non-party union shall

(2) The scope of the defendant's business and responsibility is as follows: 4. The moving expenses of the non-party union; the lending of all kinds of expenses needed for the business agreed upon by the non-party union and the defendant; or Article 14 (Lending of business promotion expenses and grant-free support; 1. The business promotion expenses that the defendant lends to the non-party in relation

4. The purchase cost for the right to use the land owned by the non-party partnership. (3) The project promotion cost under Paragraph (1) is to be lent by the defendant to the non-party partnership at each required point.

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