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(영문) 서울고등법원 2017.12.06 2015나2034749
양수금
Text

1. All of the plaintiffs' lawsuits that were changed in exchange in this court are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The party’s related C regional housing association (hereinafter “E”) is a housing association established with the authorization of the head of Dongjak-gu Office on November 26, 2008 to establish a joint housing construction project under the Housing Act (hereinafter “instant project”) in Dongjak-gu Seoul Metropolitan Government D D D, and the company E (hereinafter “E”) is a company running a housing construction project, etc.

B. On August 5, 2008, E entered into an agency service contract (hereinafter “instant service contract”) with the non-party union to perform all the affairs pertaining to the implementation of the instant project on consignment, and to receive service fees after receiving the entrustment.

The main contents of the instant service contract are as follows.

Article 4 (Scope and Obligations of Services) (1) All affairs entrusted by the non-party partnership shall be as follows:

1. Operations related to the Cooperative and the management of its members;

2. Affairs related to the commencement of projects;

3. Purchase of project sites, roads, and school sites;

4. In addition, the non-party union shall pay an amount equivalent to 30% of the actual investment amount within three months after authorization for establishment of an association is granted, in return for the investment of funds by E in accordance with the purchase of land and construction works on securing access roads for the project, school gymnasiums, the purchase of land for the project, the progress of authorization or permission, etc. according to the acquisition of access roads for the project.

Article 8 (Business Promotion Expenses) (1) E shall be paid KRW 15 million per household from the members of the non-party union in the name of business promotion expenses.

2. The business promotion expenses set forth in paragraph 1 above shall be collected directly from the members of the non-party partnership by opening an account under the name of the non-party partnership, and shall not be settled separately from the non-party partnership.

Article 9 (Project Costs, Apportionments of Land Costs and Settlement) (1) E shall perform the duties referred to in the subparagraphs of paragraph 1 of Article 4 above and those related to the projects of the Association.

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