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(영문) 서울중앙지방법원 2016.08.11 2014가단5254091
수익권양도 등
Text

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

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. A. Around July 12, 2012, the Plaintiff is a non-corporate body promoting the instant business as seen below. Around July 12, 2012, the Plaintiff entered into an agreement with Korea Trust Korea Co., Ltd. (hereinafter “Korea Trust”) and Dol United Nations Entertainment Co., Ltd. (hereinafter “Defendant 1”) on behalf of the Defendant Company on behalf of the management of funds (hereinafter “instant management agreement”).

Article 1 [Purpose] The purpose of this Arrangement is to delegate the duties of fund management agency of “B” (Korean Trust) after the registration of the Union to “B” (Korean Trust) in order to efficiently perform the contributorys and property management paid by members A (Plaintiffs in this case) and “B” (Defendants 1 Company in this case) and to prescribe the methods and procedures for administrative affairs necessary therefor.

Article 3 [Projects subject to Project] (hereinafter referred to as the "Projects in this case") (1) Details of the "Projects" shall be as follows:

1. Project name: C construction project (Housing-type detached housing);

2. Location: Gosung-gun in Gangwon-do;

3. Site area: 106,879.00 square meters (32,330.75 square meters) (the outline);

5. Usage: Residential detached house; and

6. Zone: Class 2 district unit planning zone.

7.Building scale: Article 5 of the Act on the Work of “A” and “A” [the Work Division of “A” and “A”] ① “A” shall carry out the following duties (including any work in progress) in relation to “A”:

1. Overall management of the affairs of the association (Recruitment of partners, registration of the association, management of the association members, borrowing and execution of funds of the association, liquidation and dissolution of the association, and all other affairs related to the promotion of projects

2. All the business related to the project site, such as land purchase;

3. Selection of related enterprises (the Si construction, PM service companies, district unit planning service companies, construction supervision offices, construction supervision offices, attorneys-at-law, certified judicial scriveners, accountants, and other service enterprises necessary for the projects) and all affairs related to the conclusion of contracts;

4. All supervisory affairs concerning the conclusion of construction contracts and construction works;

5. All the affairs of dealing with the civil petitions;

6. In addition to the project site.

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