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(영문) 서울동부지방법원 2019.12.12 2018가합114950
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 regional housing association B (hereinafter “association”) is a regional housing association that was established for the purpose of constructing new apartments in the Guri-si and 79 lots of land (hereinafter “instant project”) and obtained authorization from the Guri-si market on April 17, 2003.

B. The plaintiffs filed a lawsuit against the association to confirm the status of union members as the District Court Decision 2007Gahap4827, which rendered the above court's dismissal ruling on July 11, 2008.

Accordingly, the plaintiffs appealed in Seoul High Court No. 2008Na78714, and the mediation was concluded on July 28, 2009 at the appellate court.

(hereinafter referred to as “instant conciliation”) C.

On July 19, 2014, a trade association between a union and the defendant shall hold a general meeting of partners to select the defendant as the executor of the instant project and notify the defendant on the 23th of the same month.

On October 20, 2014, the Defendant entered into a business participation agreement with the cooperative (hereinafter “instant business participation agreement”), and the main contents relating to the instant case are as follows.

Article 2 (Method of Settlement of Real Estate) (1) The method of settlement of profits from the development of this real estate shall be applied, and the method of settlement shall be set forth in attached Table 1.

(2) The decision on the allotment price shall be made by the executor after consultation with the cooperative.

Article 3 (Time to Pay Profits) (1) Executor shall conduct development projects of this case and sell them in lots, and pay the balance within one month after the completion of deposit of at least 90% of the balance of the proceeds from sale in accordance with the method of settlement of this case.

1) On December 9, 2016, the Defendant entered into a contract to transfer the right to the instant business to D Co., Ltd. and F Co., Ltd. (hereinafter “instant transfer/acquisition contract”) (hereinafter “instant transfer/acquisition contract”).

The association bears the obligation of the Defendant to D and F Co., Ltd.

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