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(영문) 서울고등법원 2014.12.04 2014나2010029
수분양자지위부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the Defendant (Counterclaim Plaintiff), EM&A, and Defendant C and H.

Reasons

Each principal lawsuit and each counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) L Co., Ltd. (hereinafter referred to as “L”) for each contract for construction works, business agreement, and agency business change agreement

J buildings (as the underground third floor and the fifth floor above the ground) on the ground of 1,269.3 square meters in Nam-gu Incheon Metropolitan City.

hereinafter referred to as "the building of this case" is "the building of this case"

(2) On November 2, 201, the Plaintiff and the instant building construction project implementer entered into a contract to complete the construction cost of KRW 3.6 billion ( January 18, 2012, the construction cost of the instant building was increased to KRW 4.47 billion.7 billion on January 18, 2012)

(2) On November 29, 2011, the Plaintiff, L, Plaintiff’s Intervenor (hereinafter “ Intervenor”) and Japan Agricultural Cooperative, a loan financial institution, concluded a business agreement and a contract for modification of agency work (hereinafter “instant business agreement”) with respect to the construction of the instant building, and the main contents thereof are as follows.

Section 1 (Purpose) The purpose of this Agreement is to clarify the scope of and responsibilities for the project (hereinafter referred to as "A"), the plaintiff et al. for the project (hereinafter referred to as "the plaintiff et al.") under the Act on Sale of Building Units (hereinafter referred to as the "Building Units Act"), and to efficiently manage trust property and proceeds from sale, and to efficiently manage trust property and proceeds from sale, thereby protecting buyers and carrying out the project. Article 3 (Refusal and Work ① The operator of the project shall perform the following duties as the operator of the project:

6. Delegation the receipt, management, and execution of business funds and proceeds from sale to Byung, and assistance in the performance thereof; 13. Responsibilities for the sale in lots, such as the conclusion of a contract for sale in lots, the advertisement for sale in lots, and the promotion thereof; 16. Submitting daily data on the current status of sale in lots to Byung and managing the current status of sale in lots for buyers;

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