(영문) 서울중앙지방법원 2020.10.28 2019가합576675

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.10.28 2019가합576675

추심금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are persons who entered into a contract for membership joining with the (tentative name) Regional Housing Association Promotion Committee (hereinafter “instant Promotion Committee”) organized to promote the establishment, etc. of a regional housing association that carries out the business of newly constructing and selling an apartment in a lot of 35,606 square meters in Kimhae-si (hereinafter “instant business”).

B. On March 13, 2017, the Defendant concluded a fund management agency contract with the instant promotion committee, F, and G (hereinafter “agency”) that delegates all of the fund management duties related to the instant project to the Defendant regarding the implementation of the instant project (hereinafter “instant fund management contract”).

C. The main contents of the instant funding management agreement are as follows.

(B) Article 3 (Definition of Terms). (Definition of Terms) Article 3 (Definition) of the Promotion Committee of this case

8. The term “Fund Management Account” means an account opened in the name “for the purpose of the Fund Management” of the Project “,” “,” “Acting Expenses” and “members’ charges, etc.,” and “the total term “the Fund Management Account”.

9. “Fund management” means the general term of “management services” of “the amount of request made by the applicant, such as receipt, storage, and refund at the time of termination of the request, and conversion of down payment,” “the amount of request made by the member (“including the applicant”) and the receipt services of “the amount of the member’s charge” and the execution services, such as land costs and construction costs, on the request of “A(B)”.

(Provided, That Article 18 (Termination of Contracts) ① “A”, “B” and “B” cannot terminate this Agreement unilaterally on a deposit basis only with the “Fund Management Account”. Article 18 (Termination of Contracts) ① “A”, “B” and “B” cannot terminate this Agreement.

However, “B” shall be:

유사 판례

-서울중앙지방법원 2020.11.13 2018나65349

-서울중앙지방법원 2021.02.10 2020가합576794

-광주지방법원 2020.08.27 2019나60003

-춘천지방법원 2018.12.05 2018나50465

-서울중앙지방법원 2020.05.22 2019나26150