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(영문) 수원지방법원성남지원 2016.06.30 2015가합3064
용역비 및 보증채무금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2006, the Sungnam-gu Seoul Special Metropolitan City was designated and publicly notified as the H Housing Redevelopment Improvement Zone.

(hereinafter “instant rearrangement project”). (b)

On November 26, 2008, the Sungnam City announced the Korea Land and Housing Corporation on November 27, 2008 as the project implementer of the improvement project zone after the announcement of designation of the improvement zone.

C. A resident representatives’ meeting was organized on April 2, 2009 with respect to the instant rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(hereinafter “former Resident Representatives’ Meeting” (hereinafter “former Resident Representatives’ Meeting”). However, some of the owners of the land, etc. in the instant rearrangement zone filed a lawsuit on the grounds that the resident representatives’ meeting was null and void, and the Seoul High Court rendered a judgment that the organization of resident representatives’ meeting was null and void on September 5, 2010 on the grounds that the calculation of the owners of the land, etc. was erroneous and that the consenters did not constitute 50% of the total owners of the land, etc.

C. As above, when the resident representatives’ meeting becomes null and void, the resident representatives’ meeting “(tentative name) for the H Housing Redevelopment Improvement Project” (tentative name “resident representatives’ meeting”) was re-established on April 201, and Defendant B was appointed to the Chairman I, I, and I, to the Vice-Chairperson, Defendant B to Defendant A and the General Affairs.

On April 18, 2011, the Plaintiff (formerly: Co., Ltd.) entered into an administrative service agreement on the instant rearrangement project (hereinafter “instant agreement”) with the resident representatives’ meeting named as the name of April 18, 201, and jointly and severally guaranteed the Dong J, Defendant A, and B’s resident representatives’ meeting.

The main points are as follows:

1. Project name: H housing redevelopment and rearrangement project; 2. Contract details: Administrative services for the rearrangement project to implement housing redevelopment and rearrangement project;

3. Location: G workers in male-si; and

4. Contract unit cost: 19,500,000 won per month (excluding value-added tax);

5. Business service period: A: A resident representatives' meeting for temporary name from the date of concluding the contract to the date of authorization for management and disposal: Plaintiff 1.

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