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(영문) 서울중앙지방법원 2014.02.04 2010가합127506
분양대금반환
Text

1. The part of the plaintiffs' claim for subrogation against the defendant Dental Reconstruction Project Association is dismissed.

2. The plaintiffs' defendant.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant D&A association (hereinafter “Defendant D&A”)

) The store “G” (hereinafter referred to as the “instant commercial building”) is located in the area of F 4,144.3 square meters in Jung-gu Seoul, Jung-gu, Seoul (hereinafter referred to as the “Seoul”) and the Dong-gu H market site.

) A new project (hereinafter referred to as “new project of this case”)

Defendant E Co., Ltd. (hereinafter referred to as “Defendant E”) is a project implementer that implemented the project.

A) The Defendant Union and the instant commercial building are an executing agent who entered into an overall enforcement contract between the Defendant Union and the instant commercial building to acquire the right to lease and sell it, and the J Co., Ltd. (hereinafter “J”).

(2) The Plaintiffs are the persons who concluded each lease contract with the Defendant Company on the individual stores of the instant commercial building.

B. On September 12, 2002, the Defendant Union and the Defendant Company entered into an enforcement agency agreement with the Defendant Company on the instant new construction project, and on December 28, 2002, entered into a general enforcement agency agreement with the following (hereinafter “instant general enforcement contract”) with a view to embodying the said agreement:

Article 5 (Rights and Duties of the Defendant Union) (1) The Defendant Union shall regularly check whether the Defendant Company has promoted its business smoothly in accordance with the provisions of Article 5 (5) of the Articles of Incorporation of the Union, and the Defendant Company shall provide the inspection data, etc. requested by the Defendant Union in good faith.

Article 6 (Scope, etc. of Agency Business for Implementation) (1) Pursuant to Article 5 (2) of the articles of association of the association, the defendant company shall perform the following duties with delegation from the defendant association of all duties related to the reconstruction project:

10. All the business affairs relating to the relocation of the shop owners and existing Lessees; 12. All the business affairs relating to the sale, etc. of the new building; 13. The purpose is to revitalize the commercial buildings of the new building;

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