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(영문) 대구고등법원 2015.08.27 2013나6194
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Defendant’s Act on the Maintenance of Urban and Residential Environments (hereinafter “Urban Improvement Act”).

(A) A housing reconstruction improvement project (hereinafter “the reconstruction project of this case”) with a content that constructs a new building (a total floor area: 164,153.77 square meters and approximately 49,743 square meters) on the land in Daegu-gu, Daegu-gu, Seoul-gu, which is designated and publicly announced as a rearrangement zone and constructs a new building (a total floor area: 164,153.7 square meters)

2) C&C Co., Ltd. (hereinafter “C&C”) is a business operator who has completed the registration of management business specialized in improvement projects, and is a business operator who has completed the registration of management business specialized in improvement projects.

B. On March 26, 2007, the C&C entered into a service contract with the Defendant for the management services of the instant reconstruction project (hereinafter “instant service contract”) at the request of the Defendant and to implement the service contract (hereinafter “instant service contract”). The main contents of the instant service contract are as follows.

[Main points of the service contract] Article 1 (Terms of Contracts) C shall act on behalf of the following in accordance with Article 69 of the Act on the Maintenance of Urban Areas:

1. Affairs related to recommendation and consultation on contracts in accordance with the improvement plan and the selection of collaborative companies;

2. Authorization to establish a promotion committee:

3. Subsidizing business feasibility analysis;

4. Affairs related to supporting various general meetings;

5. Vicarious execution concerning the consents to partnership establishment and to rearrangement projects;

6. Vicarious execution of affairs concerning the application for authorization to establish an association;

7. Support for the business to select the designer and work executor;

8. Vicarious execution of affairs concerning application for authorization for project implementation;

9. Support for various litigation affairs, such as request for sale, registration of trust, etc.; 10. Vicarious execution of affairs concerning the formulation of a management and disposal plan; 11. Advisory affairs concerning the examination of a contract for construction works; 12. Review of design documents and the review of the details of changes in the cost of construction; 13. Performance of affairs concerning the application for approval for management and disposal;

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