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1. Revocation of a judgment of the first instance;
2. The Defendant’s written claim against the Plaintiff by the Jeonju District Court on January 13, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is an association which was authorized by the head of the Jeonsan-si on July 4, 201, in order to promote a new project for A regional housing association apartment construction (hereinafter “instant project”) on the land outside and two parcels of Jeonsan-gu, Jeonju-si, Seoul (hereinafter “the instant project”).
B. On March 23, 2011, the Plaintiff and SPE (hereinafter “S”) entered into an implementation agency contract with the following content in order to effectively carry out the instant project:
(hereinafter referred to as the “instant agency contract”). [Article 3] The duties to be supported and performed by entering into an implementation agency contract under the implementation agency contract shall include the following matters: (a) the comprehensive formulation of a plan for the said project, the execution of funds, and the preparation of the housing association regulations; and (b) the Plaintiff shall support and delegate all duties, decisions, etc. related to the construction of apartment houses to SNS.
(1) Affairs related to overall management and overall affairs related to the purchase of a building site.
(a) Location review, land sales contract, land transaction report, ownership transfer registration, trust registration, etc.;
(b) Affairs related to the examination of utility and disposal of all other affairs and exclusions related to ownership, mortgage, etc.
(a) Establishment and implementation of various plans, including M/H building, operation, advertisement, etc., management of subscribers, consultation, notification, etc.;
(b) Affairs, such as guidance on prohibited acts and regulations in conflict with the payment and management of contributions, other affairs related to unions, and other affairs.
(a) Organization registration, authorization for establishment of a housing association, various impact assessments, approval for a project plan, completion, occupancy, registration, liquidation, etc.;
(b) All kinds of permitted matters and supply prices due to the construction of the housing association.
(a)a contract for the selection of design, supervision and other services; and