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(영문) 서울중앙지방법원 2015.04.01 2014나6847
공사대금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

B The Association (hereinafter referred to as the “instant Association”) is an executor who has promoted an apartment building of the 2nd underground floor, the 20th ground surface (hereinafter referred to as the “instant apartment building”) in Mapo-gu Seoul Metropolitan Government, and a new project for the construction of incidental welfare facilities (hereinafter referred to as the “instant project”). D (hereinafter referred to as the “D”) is an agent for the execution of the instant project.

Around July 2008, the instant association and D entered into a construction contract with the Defendant for new construction works of the said apartment.

An executor: A member of the B association (hereinafter referred to as “B”) association: An executor agency of the B association (hereinafter referred to as “B”): Article 1 of the D (hereinafter referred to as “C”) corporation: A shall carry out the project at the time when the approval of the project is not finalized, as a housing member qualified under Article 32 of the Housing Act, Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, as a housing member qualified under Article 32 of the Housing Act, and Article 37 of the Enforcement Decree of the same Act, and Article 17 of the Enforcement Rule of the same Act, as a result, he/she shall delegate the relevant business entity to Byung for the implementation of the project, and shall pay the business promotion expenses to Byung as remuneration, and A shall supply one apartment household with the area of approval for use (such increase or decrease may be made at the time of authorization, permission, or change of statutes).

Article 2 [Duties of Agency for Cooperative Affairs] A recognizes the representation of the housing association of A, and delegates the following matters related to the authority of B and the promotion of projects to A, and A shall delegate to Byung, and shall be responsible and faithfully performed until the time of the occupancy of the project:

1) The management of shares of the union members (the recruitment of the union members, the authorization of the union and the composition of the union, the management of the union members, the cooperation in the lottery business of the same subparagraph, and all other business activities related to the promotion of the project). 4) The management of shares of the union members for construction contracts and construction works.

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