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(영문) 서울고등법원 2015.11.27 2015나2011555
선정자지위확인
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 231,157,918 and KRW 95,105,690 among them.

Reasons

1. Basic facts

A. The Promotion Committee for the Establishment of AHousing Reconstruction and Maintenance Project Association (hereinafter “instant Promotion Committee”) is an association establishment promotion committee composed of the establishment of the association to implement the housing reconstruction improvement project (hereinafter “instant project”) on the area of 144,454.9 square meters in Seocho-gu Seoul Metropolitan Government B, Seocho-gu for the purpose of implementing the housing reconstruction improvement project (hereinafter “instant project”), and obtained approval from the head of Seocho-gu Seoul Metropolitan Government pursuant to Article 9 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 1, 2003.

B. On May 2, 2011, the instant promotion committee publicly announced the bid for the management entity specialized in the project of the instant case; on July 16, 201, by holding a residents’ general meeting, resolved to select the Plaintiff as a management entity specialized in the improvement project among the participating enterprises (hereinafter “instant resolution”); on December 19, 2011, concluded a service contract with the Plaintiff with the following content:

(hereinafter “instant service”). Contract amount: 2,423,602,258 won, which is an amount calculated by multiplying the total floor area of new construction by 304,434.4 square meters per 7,961 won (excluding value-added tax).

Provided, That the final total floor area shall be settled at the time of project implementation authorization later.

Service period: from the contract date to the settlement date of partnership.

The scope of services: The plaintiff directly performs the following improvement project services or provide advice and support to the promotion committee of this case:

1. Affairs concerning authorization and permission, and management of partners: 1) Consultation on affairs of a cooperative; 2) administrative affairs required for authorization for establishment (change) of a cooperative; 3) administrative affairs required for authorization for project implementation; 4) affairs related to general meetings of a cooperative; 5) affairs related to partnership administration;

2. Management and disposition: 1) Review of an application for parcelling-out by a cooperative member; 2) setting the criteria for the formulation of a management and disposition plan; 3) the general meeting of cooperative members for the management and disposition plan; 4) the site to be parcelling-out by a cooperative member; details of a building

3. Advice on resettlement and removal:

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