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(영문) 부산고등법원 2015.06.09 2014나4873
추심금
Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On March 2012, the Kimhae-gu Housing Association and the Defendant entered into an agency contract for the management of the funds (hereinafter “instant housing association”) and the United Nations Espary Housing Association, Inc., an agent of the instant housing association, entered into a contract for the management of funds by proxy (hereinafter “instant apartment project”) with the Defendant regarding the apartment project of the Kimhae-gu Housing Association in the area of Kimhae-gu, Kimhae-ri, the 36,334 square meters in size of 36,34 square meters in Kimhae-si, Kim Jong-si (hereinafter “instant apartment project”), and the main contents are as follows.

Article 2 (Definition of Terms) (2) The term "share" means the share of the members (or the cost of subscription) received by the housing association in this case and the United Nations Es SP Project Association from its members in accordance with the membership agreement (or supply).

Article 9 (Standards for Execution of Charges and Method of Payment) (1) Time of withdrawal of the fund management account shall be after the date of authorization for establishment of the association.

(3) Funds of the Fund Management Account shall be used for the following items:

3. Various outsourcing service charges, such as district unit planning, construction design, supervision fees, and essential business feasibility expenses related to authorization and permission and completion;

(4) Notwithstanding the provisions of paragraph (3) of this Article, if contributions are to be refunded, the following shall apply:

2. If healing is impossible due to the occurrence of circumstances where the conclusion of a sales contract for a project site is final and conclusive, or where it is impossible to obtain approval for establishment of a business plan from other rental departments, or where it is impossible to carry out an additional project, the Defendant shall take measures to refund the contributions to each partner within the balance of the fund management account;

Article 13 (Termination of Agency Affairs) (2) Where a contract of agency affairs is terminated under Article 14, Article 14 (Termination of Contract)

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