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(영문) 대법원 2014.10.30 2011다96420
손해배상(기)
Text

The judgment below

Among them, the part concerning the amount of remittance, such as operating expenses of a cooperative, shall be reversed, and this part of the case shall be applied.

Reasons

The grounds of appeal are examined.

1. Validity of the instant joint project agreement

A. (1) As to the Defendant’s first ground of appeal, where the market reconstruction association is a corporation, if the agreement provides that the association shall undergo a resolution of the board of representatives when it concludes an agreement with a third party on the joint implementation of a reconstruction project, such agreement concerns the restriction of a corporation’s power of representation, and it cannot be asserted against the third party without being registered.

(2) According to the reasoning of the judgment below and the records, the defendant association is a market reconstruction association established pursuant to Article 16(2) of the former Act on Special Measures for the Improvement of Small and Medium Enterprises and the Vitalization of Traditional Markets (amended by Act No. 6852 of Dec. 30, 2002), which was established pursuant to the establishment authorization of April 24, 2003 and completed the establishment registration of May 27, 2003; 2 The defendant association has a joint project agreement with the plaintiff on March 23, 2005 to promote the market reconstruction project of newly constructing a primary complex building; 3. The defendant association's rights and obligations to implement the joint project as stipulated in Article 11(1) of the Housing Construction Promotion Act to select the executor of the project and the executor of the joint project; and 4. The defendant association has a duty to implement the joint project, as stipulated in the above provision of the Housing Construction Promotion Act.

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