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(영문) 광주지방법원 2020.02.06 2018가합58740
자금집행요청 의사표시 이행
Text

1. The defendant has expressed his/her intent to request the defendant's intervenor to execute the fund according to the annexed sheet.

2...

Reasons

1. Basic facts

A. On September 28, 2016, the Defendant entered into a contract with the Intervenor joining the Defendant for the construction of collective housing (hereinafter “the instant project”) as an association establishment promotion committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with respect to the project that constructs collective housing at the Jeju Dong-gu D (hereinafter “instant project”).

The main contents of the above contract are as follows:

Article 3 Definitions of Terms used in the "this Agreement" shall be defined as follows:

3. The term "applicant" means a person who expresses his/her intent to join a regional housing association as a member;

4. The term "applicant" means an application amount for membership of an association paid by an "applicant" to apply for membership in the project in this case;

5. The term "agency fee" means the amount that a member (including an applicant) pays as an agency fee for the performance of all the affairs of the project in this case as an agency fee, in addition to the cooperative fee.

6. The term "members of a cooperative" means all the amounts such as operating expenses of a cooperative, expenses for purchasing a project site (land), construction expenses, etc. to be paid to a "regional housing association" in order to be transferred the ownership of a target building (as allocated to a "member of a cooperative") from a "regional housing association" after the completion of the "regional housing association" in accordance with the internal regulations of the "regional housing association".

Article 5. The defendant shall delegate the following duties to intervenors:

1. Opening and keeping of a “Fund Management Account” and a “Fund Management Account” for the collection of “application fee”, “agency fee” and “members’ charges;

2. Receipt of “application fee” through “application fee account” and refund of application fee when grounds for return of application fee arise, and conversion of application fee to contributions to members of the association;

3. “Acting Fee Account”.

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