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(영문) 인천지방법원 2020.10.15 2019가합57687
정비사업전문관리업자 지위확인
Text

The plaintiff's primary claim is dismissed.

2. The Defendant’s KRW 260,770,396 and its related amount from February 1, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a stock company established for the purpose of the approval agency business and consultation, etc. of urban redevelopment project, and the defendant is a redevelopment and maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing B housing redevelopment improvement project (hereinafter “instant project”).

B. The Defendant Establishment Promotion Committee (hereinafter “Promotion Committee”) selected the Plaintiff as a maintenance business operator on November 27, 2006, and entered into a business agreement with the Plaintiff on December 18, 2006 with the Plaintiff for the promotion of the instant project. On December 28, 2007, the resident general meeting was held on December 28, 2007, selected the Plaintiff as a rearrangement business operator, and entered into a service contract for the management of rearrangement projects related to the instant project (hereinafter “instant service contract”) with the Plaintiff on February 1, 2008.

The main contents of the above service contract are as follows:

For the successful implementation of the instant project, Article 1 (General Provisions) of the Agreement, the Plaintiff shall fully cooperate with the Defendant so that the Defendant may commission the service within the scope of Article 2 to the Defendant, and that the Defendant may perform the service in good faith, and the Defendant shall be liable to cooperate in the overall work and perform the entrusted service faithfully for the smooth implementation of the Plaintiff’s project.

Article 2 (Details of Services) (1) An application for approval of a management and disposal plan for the establishment of an agent business and project implementation, and an application for the designation of a rearrangement zone and the establishment of an association for support of the designation of a rearrangement zone, the preparation of a report on the status of measurement, analysis of the rights of association members, the preparation of the articles of association, land subject to the preparation of a report on the occupancy of rental housing, the preparation of a report by the right holder of a building, the preparation of a detailed statement by right holder other than ownership,

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