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(영문) 서울동부지방법원 2020.12.03 2020가합100442
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against 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.

Article 2 (Method of Settlement of Real Estate) (1) of the Business Participation Agreement between a cooperative and the defendant shall apply the method of settlement of profits from the development of real estate in this case, and the method of settlement shall be determined by 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) Effective officers shall conduct development projects and sell this real estate, and pay the balance within one month after the completion of deposit of at least 90% of the balance of the sale price in accordance with the method of settlement of this real estate.

On July 19, 2014, the Mutual Association held a general meeting of partners to select the Defendant as the executor of the instant business and notify the Defendant on the 23th of the same month, and thereafter, the Defendant entered into a business participation agreement with the Mutual Association on October 20, 2014 (hereinafter “instant business participation agreement”), and the details pertaining to the settlement of profits are as follows.

Article 1 (Details of Contracts, such as Conclusion of Contracts for Transfer of Business Rights)

1. The defendant shall set aside possession of real estate listed in the separate sheet (specific entry of real estate is omitted) with the joint and several sureties association simultaneously with the conclusion of this contract, and the partnership shall waive all the business rights of the partnership.

2. The defendant is D and D Co., Ltd.

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