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(영문) 서울고등법원 2020.02.05 2019나2006278
약정금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the conjunctive claim added by this court.

Reasons

1. Basic facts

A. The party status 1) The trade name was changed to D Co., Ltd. F on April 30, 2014, and collectively referred to as “D”

(2) The Plaintiff was established on January 28, 2010 as a company for the purpose of urban and residential environment improvement project, etc., and was divided into the F Company’s real estate development operation business on January 13, 2015.

3) The Defendant shall undertake the housing reconstruction rearrangement project (hereinafter “instant project”) in the Jung-gu Seoul Metropolitan Government G Group.

For the purpose of this Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on May 29, 2012

(2) On April 21, 2004, D entered into a contract for specialized management of reconstruction improvement projects (hereinafter “the instant contract”) with an association establishment promotion committee (hereinafter “Defendant”) prior to the establishment of the Defendant on the following grounds: (a) the authorization of establishment was obtained on June 7, 2012; and (b) the registration of establishment was completed on June 7, 2012; (b) D entered into a contract for specialized management of reconstruction improvement projects (hereinafter “instant contract”).

A: Defendant / B: Article 2 (Scope of Services) B shall perform the administrative affairs for the housing reconstruction rearrangement project as follows:

(1) A rearrangement zone designation business, (2) safety diagnosis business, (3) support for association establishment business, administrative affairs, (4) support for review and consultation, (6) support for association affairs, (7) support for association members management business, project implementation authorization-related business affairs, (8) approval for a project implementation plan (such as formulation of a management disposition plan, application, authorization, etc.), preparation of a report scheduled to sell association members, (0) preparation of a report scheduled to sell association members, and (0) value-added tax shall be KRW 40,

Provided, That where there is a difference between the total floor area of project implementation authorization, it shall be later settled.

Article 6 (Payment of Service Fees) (1) Payment of service fees shall be made at each stage with the consent of Party A after the appointment of a construction company.

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