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(영문) 서울중앙지방법원 2015.01.16 2013가합90582
선정자지위확인
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 95,105,690 on September 16, 2014 to the Plaintiff and its related costs.

Reasons

1. Basic facts

A. The defendant was approved by the head of Seocho-gu Seoul Metropolitan Government pursuant to Article 9 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 1, 2003, as an association established for the purpose of establishing an association to implement housing reconstruction (hereinafter “instant project”) on the area of 144,454.9 square meters in Seocho-gu Seoul Metropolitan Government.

B. On May 2, 2011, the Defendant publicly announced the bid to select a specialized management contractor related to the instant project; on July 16, 2011, the Defendant held a residents’ general meeting and resolved to select the Plaintiff as a specialized management contractor of the rearrangement project among the participating companies (hereinafter “instant resolution”); on December 19, 2011, the Defendant concluded a service contract with the Plaintiff with the following content:

(hereinafter “instant service”). Contract amount: 2,423,602,258 won, which is an amount calculated by multiplying the total floor area of new construction by 304,434.4 square meters per 7,961 won (excluding value-added tax).

Provided, That the final total floor area shall be settled at the time of project implementation authorization later.

Service period: from the contract date to the settlement date of partnership.

The scope of services: The plaintiff shall directly perform the following improvement projects services or provide advice and support to the defendant's project implementation details:

1. Affairs related to authorization and permission, and management of association members: Affairs related to authorization for establishment of a partnership, preparation of a register of association members, request for consent to establish an association

2. Management and disposition: Review of applications for parcelling-out by partners, and setting standards for formulating management and disposition plans;

3. Advice on resettlement and removal: Establishment, etc. of relocation plans for cooperative members.

4. Terms and conditions for payment of service costs: 10% each at the time of entering into a contract, the inaugural general meeting, the time of approving the establishment of the association, the time of selecting the contractor, 25% each at the time of approving the management and disposal plan, 15% at the time of completion inspection, and 10% at the time of liquidation, the plaintiff will introduce 100 million won as the operating expenses for the project of this case to the defendant after selecting

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