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(영문) 수원고등법원 2020.07.22 2020나12017
대여금
Text

The part of the judgment of the first instance is revoked.

The plaintiff's claim against the defendant is dismissed.

The total cost of the lawsuit shall be.

Reasons

1. Basic facts

A. Codefendant B of the first instance trial (hereinafter referred to as “B promotion committee”) is an organization established to implement the housing redevelopment improvement project (hereinafter referred to as the “project of this case”) by designating the R members of the city of Geumcheon-gu in Busan as the project area. Codefendant C of the first instance trial (hereinafter referred to as “C”) is the chairperson of the B promotion committee, the defendant, the codefendant D of the first instance trial, the E, F (hereinafter referred to as “D, E, and F”) as the promotion committee members of B promotion committee.

Article 3 (Implementation, etc. of Projects) A is a legitimate project undertaker for the Project as a legitimate project undertaker for the Project, B is a landowner of land, etc. (hereinafter “members”) at a residents’ general meeting lawfully held on August 24, 2006 at the residents’ general meeting.

2) A and B are joint project implementers selected by a majority, and each of which is faithfully implemented in accordance with the project participation proposal attached thereto. 2) A and B are mutually agreed upon after authorization for the establishment of the partnership until the commencement of the construction project.

Provided, That Eul shall obtain ratification at the general meeting after establishing the association, and shall faithfully engage in consultation on the terms and conditions of this contract until the commencement of the construction work.

Article 4(1) A’s duties (Scope of Services, etc.) (1) provide land necessary for the redevelopment project for B-house redevelopment project for B-house R owned by Gap and Eul’s members. <2> For the project, Gap collected necessary documents, such as written consent to the redevelopment project for housing from Gap’s members, and perform the project implementation authorization and other authorization and permission affairs related to the progress of the project, which are received from the relevant government agencies, in cooperation with Eul, under the responsibility of Gap. <3> The rearrangement of ownership, rearrangement of land by re-survey, rights other than ownership (mortgages, leases, superficiess, etc.), preservation registration and other public records after the completion of the building shall be performed under the responsibility of Gap.

(4) A shall sell in general the contract construction cost of B and the project promotion cost loaned from B and others.

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