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(영문) 대법원 2020.10.29 2019다302664
용역비
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and the remaining Defendants.

Reasons

The grounds of appeal are examined.

1. The lower court: (a) concluded the instant design contract with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on April 6, 2010 after obtaining authorization for the establishment of the instant association under Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012); (b) concluded the instant contract with the executives of the instant association, including Defendant P, D, E, F, J, and M, upon resolution of the general meeting on December 10, 2010; (c) concluded the instant contract with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”); and (d) revoked ex officio on July 7, 2014, the instant association’s authorization for the establishment of the association was modified to the same rearrangement zone as the name of the project; and (d) recognized that the Defendant Association inherited the instant contract, including the Plaintiff’s general meeting, through the urban environment rearrangement project establishment agreement.

In addition, although the association of this case continued to exist only within the scope of the purpose of liquidation due to the revocation of the authorization to establish the association, since the promotion committee restored its status and continuously promoted the establishment of the association, the design contract of this case does not lose its validity and the promotion committee bears the duty of performance of the contract. After that, the promotion committee changed its name on the same rearrangement zone and succeeded to the rights and duties of the promotion committee that completed the establishment registration on September 18, 2015, thereby having the rights and duties under the design contract of this case.

2. Where an association which has obtained authorization to establish a partnership becomes incorporated as a juristic person after completing the registration of establishment, the promotion committee shall achieve and extinguish the objective, but where the disposition to establish the partnership is revoked thereafter, the promotion committee shall be held.

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