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(영문) 서울남부지방법원 2017.01.25 2016가단221898
대납금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Ⅰ. The following facts in the course of the case can be identified by the evidence “B No. 3” in addition to each macroscopic evidence.

1. The Plaintiff is a corporation that is engaged in a housing construction project execution agency business, etc., and the Defendant is a regional housing association established pursuant to the Housing Act for the purpose of constructing a collective housing on the ground of 14,085 square meters of the site of the Mangyang-gu Seoul Metropolitan Government Mayang-si (hereinafter “instant project site”).

Article 1 (Scope of Business Affairs) The scope of the Plaintiff’s agency business shall be as follows:

(1) Matters requiring design (including appointment of a certified architect) and authorization and permission by district unit. (2) Matters requiring authorization for the establishment of a regional housing association and raising funds for purchasing business sites. (4) Affairs of a cooperative until the establishment of a regional housing association and liquidation of a cooperative. (5) Activities of entering into a contract for each service with a certified judicial scrivener, attorney-at-law, accountant, etc.

(2) The agency shall loan funds for purchase of land, interest for part payments, prior payment of taxes, public charges, registration taxes, etc. (e.g., acquisition tax, registration tax, etc.) with the assistance of the Si Corporation, and the agency shall collect loans lent to the implementer when the contributions of the association members and the general sales amount are deposited after the recruitment of the association members.

(3) Various taxes and public charges, including acquisition tax and registration tax, and charges (such as electricity, water supply, sewage, gas transportation, infrastructure, etc.) shall be borne by the instant promotion committee.

2. In around 2006, the residents of the above land formed the B Housing Association promotion committee (hereinafter “instant promotion committee”), and the said promotion committee refers to a "the primary agency contract entered into with the Plaintiff on August 25, 2006 as follows:

AB concluded the agreement.

3. The defendant.

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