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(영문) 울산지방법원 2018.09.20 2018가합20145
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a regional housing association that obtained authorization for the establishment of a regional housing association on October 27, 2015 (hereinafter “Promotion Committee”) established around April 2015 in order to implement a new apartment construction project (hereinafter “instant project”) with the Ulsan Northern-gu Seoul Northern-gu District District Housing Association as a project site, and is a corporation established for the purpose of running consulting service business, etc.

B. On June 2, 2015, the promotion committee entered into an agency contract with the Defendant for the administrative affairs that the Defendant intends to act on behalf of the promotion committee for the administrative services of the instant project with the total number of households of the instant project as 834 households. On the same day, the promotion committee changed the total number of households to 842 households, thereby concluding a second contract.

The main contents of the above contract are as follows. The purpose of Article 1 (Purpose) is to promote the stabilization of the residence of homeless people by building a regional housing association and supplying an apartment house in the above area of the project is to promote the stabilization of the residence of homeless people, and to efficiently and effectively carry out all the affairs incidental thereto, to which the Defendant, who has specialized knowledge and development know-how in the regional housing association project, entrusts the business affairs of the association to the Defendant, and to provide the promotion committee with opportunities for the successful completion of the project. Article 2 (Business Division)

1. For the prompt and normal execution of the project, the promotion committee and the defendant shall share their respective duties and faithfully perform them, cooperate with each other, and assume the responsibility incidental thereto;

2. The promotion committee shall faithfully implement the following:

1) 2) Purchase of the project site 3) The recruitment of partners 4) the burden of all the project costs (financial loans on the payment of land balance, construction costs, funds, etc. required for the project) related to the project 4) the cancellation of the limitation of rights, such as provisional disposition of all bonds and debt disposals related to the project, five project sites.

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