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(영문) 서울중앙지방법원 2017.08.09 2016가단5282748
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 21, 201, the Plaintiff entered into a contract with the Committee for Promotion of the Regional Housing Association (hereinafter referred to as the “Inward Promotion Committee”) under which the non-party is a member of the association established by the non-party promotion group, and entered into a contract with Seongdong-gu Seoul Metropolitan Government and 36 above-ground apartments (hereinafter referred to as the “instant apartment”) newly established by the association to purchase one household (102 Dong 2602) from among the apartment buildings on which the association is newly established.

B. The Plaintiff paid KRW 20 million for down payment of KRW 20 million and KRW 10 million for business promotion expenses on September 21, 201, with the account (i.e., management account, including contributions: Foreign Exchange Bank E, 20 million management account for business promotion expenses: Foreign Exchange BankF) in the name of the completion construction of a stock company, which was scheduled to be executed at the time of the said contract (hereinafter “dive construction”). On December 27, 201, the Plaintiff paid KRW 30 million for intermediate payment on December 27, 201, and KRW 20 million for intermediate payment and KRW 8 million for business promotion expenses on April 26, 2012.

C. On May 15, 2012, Nonparty 1 entered into a contract with Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) and Defendant Enmark Co., Ltd. (hereinafter “Defendant Endenco”) for the fund management and agency business for managing the instant apartment project (hereinafter “instant fund management contract”), and the main contents of the said contract related to the instant case are as follows.

Article 2 (Definition of Terms) (4) The term "member" means a member of a regional housing association that meets the standards of a member under the related Acts and subordinate statutes, such as the Housing Act, enters into an membership agreement with the promotion group, and has the duty to pay the cooperative contributions to the non

(6) The term "business promotion expenses" means expenses paid by an applicant (or a member) for the smooth progress of a cooperative, in accordance with Article 4 of a contract for joining a regional housing association.

(8) Members' contributions shall be the collective housing allocated to the members of a regional housing association in addition to the business promotion expenses of Defendant Enden.

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