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(영문) 부산고등법원 2017.06.08 2016나56892
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. (1) The Committee for Promotion of the Regional Housing Association (hereinafter referred to as the “Committee for Promotion”) was established for the purpose of establishing a regional housing association under the Housing Act to develop a multi-family housing (multi-family housing), such as Ulsan-gu, Ulsan-gu, a general residential area, and promote the new construction of multi-family housing. E was appointed as the representative of the Promotion Committee around May 21, 2014. (2) On June 23, 2014, the Promotion Committee concluded an agency contract with the head of H (I; hereinafter referred to as “H”) to delegate authority necessary for the promotion of the new construction of multi-family housing, the sale of multi-family housing, etc.

H around September 2014, the Foundation received the results of the surface survey of cultural properties related to the project site from the Foundation Foundation Foundation Foundation, and entered into a service contract with the J et al. to delegate the purchase work of the project site.

3) On November 17, 2014, the Promotion Committee and H terminated the agency contract. Until that time, H received a total of KRW 680,000,000 from the Promotion Committee as an advance payment for the agency business. 4) The representative director I of H established a defendant for the purpose of housing construction business, etc. on November 4, 2014 (hereinafter “Defendant Company”). On November 17, 2014, the Defendant Company entered into the instant agency contract with the Promotion Committee (hereinafter “instant agency contract”).

Article 2 (Scope of Services Performed by Defendant Company) The Defendant Company shall carry out by proxy all the affairs to be carried out in the name of the Promotion Committee as shown in the following subparagraphs in connection with the implementation and liquidation of the project of the said Association:

(1) The whole business affairs of an association including the rental and administrative affairs. (2) The management affairs of an association member by proxy.

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