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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.
Reasons
1. Basic facts
A. On May 25, 2017, D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) vicariously performed all the affairs such as recruitment of association members, securing of land, application for authorization to establish a new housing association (hereinafter “instant project”) with respect to a new project of a regional housing association (hereinafter “participating”) on behalf of the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.) on behalf of the Nonparty Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the affairs concerning the establishment of the association, such as support for the selection of designer and contractor, application for authorization to establish a new project, and application for approval of a project plan, etc. on behalf of the Plaintiff Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the Nonparty Co., Ltd. (hereinafter “Co., Ltd. on behalf of the Nonparty Co., Ltd. on behalf of the Plaintiff.
B. On May 25, 2017, the non-party company entered into a contract with the intervenor to transfer all rights, such as the instant project site and the business right (i.e., the price of KRW 87 billion in the project site to KRW 15 billion (value added tax) (hereinafter “instant contract for business transfer”). Of the price, the 10% of the price was paid at the inaugural general meeting of the Association as the down payment (i.e., the remainder of the project site (90%) was determined to be paid at the time of the establishment of the association, and the remainder of the business site (90%) was determined to be paid at the time of the establishment of the association and the change of the authority related to the authorization.
Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:
(5) The term "agency expenses" means all kinds of service expenses required for the commencement of a project, such as the establishment of an association, and service fees of an agent, which are incurred in relation to the project in addition to the "members' contributions" in relation to the project.
Provided, That the agency shall be an agent.