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(영문) 서울고등법원 2017.04.21 2016나2035213
채권자대위에 의한 청산금청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts recognized;

A. (1) The status of the parties concerned (1) C reconstruction and improvement project partnership (hereinafter referred to as the “C reconstruction association”) is a non-corporate association which obtained authorization to establish an association on August 31, 2007 in order to implement a reconstruction project (hereinafter referred to as the “instant reconstruction project”) as stipulated in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) on the old-gu Seoul Metropolitan City D and 88 parcels.

(2) The Plaintiffs were the owners of buildings located within the instant reconstruction project zone and were members of C reconstruction Association, and the Defendant is the contractor of the instant reconstruction project.

B. The terms and conditions of the contract between the Defendant and C reconstruction Association refers to C reconstruction Association, and “B” refers to the Defendant.

Article 3 (Status and Business Principles between Parties) (1) In relation to this Agreement, A shall be deemed to represent the whole association members and the performance of A pursuant to this Agreement shall be deemed to be an act of rights and obligations of the whole association.

Therefore, the members of the A cannot directly demand the B to exercise one body's rights, and only through the A.

Article 4 (Method of Implementation of Projects) (1) A shall provide B with the project site of Goyang-gu D, Soyang-gu, Soyang-gu, A's association members, and in return, it shall be supplied with new apartment and accessory and welfare facilities.

In such cases, the term "project site to be provided to B" means the land in a state that the plaintiff has confirmed the ownership of the land and the right to use the site so that it does not impede the commencement of construction works of B.

(2) In order to carry out this Agreement, Section 7 (Scope of Business). A and B shall share the following duties:

(1) The scope of affairs and responsibilities of B shall be as follows:

1.-3. Omitted.

4. The relocation expenses for the members A, and the agreement with the members A.

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