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(영문) 서울서부지방법원 2013.10.10 2012가합31987
수분양자지위부존재확인
Text

1. The principal suit against the Defendant (Counterclaim Plaintiff), EM&A, and G shall be dismissed respectively.

Reasons

Each principal lawsuit and each counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) L Co., Ltd. (hereinafter referred to as “L”) is the implementer of a new project that constructs J building on the first ground of the Nam-gu Incheon Metropolitan City, Nam-gu, and the International Trust Co., Ltd. (hereinafter referred to as “International Trust”) is an International Trust Co., Ltd. (hereinafter referred to as “International Trust”) is an agent for the sale management of the instant building and fund management.

(2) On November 2, 2011, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a contract with L to receive a contract for construction cost of the instant building amounting to KRW 3.6 billion from L.

(3) As the construction of the instant building changed from ASEAN Construction Co., Ltd. to the Plaintiff upon the conclusion of the said contract, the Plaintiff and L, international trust and loan financial institutions concluded a contract on November 29, 201 for the change of the business agreement and agency work for the instant building construction project (hereinafter “instant business agreement”), and the main contents thereof are as follows.

[Business Agreement and Agency Contract] The purpose of this Agreement is to clarify the scope of business and responsibilities between "A", "A" and "B", "I" and "I", and to efficiently manage trust property and proceeds from sale in lots by clarifying the scope of business and responsibilities between "A", "A", "A" and "I" under the Act on Sale in lots of Buildings (hereinafter "Building in this case") and "A" as a result of the change from the existing Aria Construction Co., Ltd. to the plaintiff, and to facilitate the protection of buyers and the smooth implementation of this project.

6. Delegation the receipt, management, and execution of business funds, revenues from sale, etc. to bottle, and assistance in the performance thereof; 13. Responsibility for the sale in lots, such as conclusion of a sales contract, advertisement for sale in lots, and public relations affairs;

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