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(영문) 서울중앙지방법원 2017.05.12 2016가합536607
계약자지위확인의 소
Text

Of the instant lawsuit, the Plaintiff and the Defendant entered into a contract on October 24, 2014 with the same name-based housing association.

Reasons

Basic Facts

A. The Defendant as a party (formerly, Seodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

B. On October 24, 2014, the Plaintiff entered into a joint business agreement and business agreement (i) the promotion committee prior to the Defendant’s establishment (hereinafter “promotion committee”).

) Hanwon City Development Co., Ltd. and TNM Co., Ltd. (hereinafter collectively referred to as “A”)

2) The joint project agreement on the instant apartment construction project (hereinafter referred to as the “instant joint project agreement”)

(1) The agreement on the joint project in this case was entered into, and the main contents of the agreement are as follows.

1. Gap's business scope 2) Performance of various responsibilities, authorization and permission conditions (including donation, etc.), and service affairs 11) selection of a contractor at the general meeting of the cooperative as the plaintiff at the general meeting of the cooperative after its establishment, and all other duties and expenses to be performed as the implementer in connection with the implementation of this project

2. The Plaintiff’s business scope 1) The Plaintiff’s business cooperation and assistance as a contractor for the construction and completion of the construction subject matter of the project (A) the project’s business cooperation and succession to the rights and obligations of the partnership (A)

1. All contract documents concluded between Gap and the plaintiff including this Agreement and all the performance obligations owed by the promotion committee against the plaintiff shall be succeeded by all the partnership at the time of the establishment of the partnership, and the liability to succeed to this shall be limited to the promotion committee.

2. A shall approve the terms and conditions of this Agreement after the establishment of the partnership through the necessary procedures, such as the approval of the general meeting.

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