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(영문) 대전지방법원 2020.11.25 2018가합108227
선정자 지위확인 청구의소
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 196,830,210 won to the Plaintiff (Counterclaim Defendant) and 85,719,310 won among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of improving the rearrangement project management business, etc., and the Committee for Promotion of the Establishment of the Housing Redevelopment Project Cooperatives (hereinafter “instant Promotion Committee”) is an organization established to implement the Housing Redevelopment Project (hereinafter “instant project”) with respect to the size of 55,707 square meters, Jung-gu, Daejeon.

On January 28, 2020, when the lawsuit of this case is pending, the defendant obtained authorization to establish an association from the head of the Daejeon Metropolitan City from the head of the Gu during the Daejeon Metropolitan City.

2. 25. Along with the establishment registration of the association, the Housing Redevelopment Project Association took over the instant lawsuit from the Promotion Committee.

B. On August 12, 2015, the Plaintiff and the instant promotion committee entered into a contract for the services and lease (i) the Plaintiff performed the instant services for the implementation of the instant project, including business support for the authorization of establishment of a partnership for maintenance and improvement projects, the authorization of project implementation, the authorization of management and disposal, etc. between the instant promotion committee and the Plaintiff. The instant promotion committee’s specialized management services contract (hereinafter “instant services contract”) with the content that the Plaintiff is paid the service fees of KRW 14,000 per square meter of the total floor

(A) The instant service agreement was concluded, and the main contents of the instant service agreement are as follows (the instant promotion committee and “B” are the Plaintiff.

(1) Article 2 (Status of Parties A shall be entrusted to Section 3, and Section 2 shall be entrusted to Section 3, and Section 2 shall be entrusted to Section 3 in good faith.

(2) A shall be responsible and duty as a project undertaker for rearrangement project management under relevant Acts and subordinate statutes, such as the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and shall implement the contract in accordance with the mutual trust principle so that

(3) B shall be within the scope of this service.

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