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(영문) 부산지방법원동부지원 2017.07.06 2016가합102145
계약자지위확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a company with the purpose of collecting and transporting construction wastes, and the Defendant is a company established on July 31, 2015 by the head of the shipping unit with the approval of the establishment on November 13 of the same year for the purpose of housing redevelopment improvement project (hereinafter “instant improvement project”).

On June 27, 2003, the Plaintiff entered into a contract with the Dadong Housing Redevelopment Promotion Committee (hereinafter referred to as the “instant promotion committee”) for relocation/Demolition/waste disposal (hereinafter referred to as the “instant service contract”) with the purport of having the Plaintiff take charge of the management of the housing subject to removal within the said project zone, including the management of the housing subject to removal, the prompt relocation of the association members and tenants, the prompt relocation of the association members and tenants, the expropriation of land, the removal of obstacles, and the disposal of residues.

The promotion committee of this case was ratified on June 30, 2003 by opening a general meeting of residents and obtaining ratification on the service contract of this case.

The part related to the instant service contract in relation to the instant case is as follows.

The Agreement on the Relocation/Removal/Waste Disposal of Housing Redevelopment Projects in Zone Three of the Postal Zone;

1. Construction name: Relocation/Demolition/waste/waste disposal works of the house redevelopment project in the friendly three zone;

2. Project owner: The Housing Redevelopment Promotion Committee of Zone Three; and

3. Total floor area subject to removal: approximately 166,00 square meters ( approximately 50,250 square meters).

4. Location of business place: At the same time, Busan Shipping Daegu High-dong, 188 won.

5. Contract period: From the contract completion date to the inspection date;

6. Contract amount: He may suspend construction or terminate the contract in the event that any of the following occurs, in the case of the contract for the separate removal of the VAT at KRW 180,000 per square meter (in e.g., e., 180,000) and the waste disposal contract, Article 17 (Termination of the contract) ① A (the Defendant; hereinafter referred to as “A”) and C (the Plaintiff; hereinafter referred to as “B”) and C (the damage arising therefrom).

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