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(영문) 대구고등법원 2018.04.27 2017나24640
추심금
Text

1. The plaintiff's appeal is dismissed.

2. On the ancillary claim that the Plaintiff added at the trial, the Defendant.

Reasons

1. Basic facts

A. On August 21, 2013, the Defendant is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project within a size of 58,636 square meters in the Gu-si Seoul Special Metropolitan City.

On September 3, 2014, the Defendant (F) concluded an agreement with D Co., Ltd. (hereinafter “D”) to terminate the selection of D’s specialized management business entity and to pay KRW 1,483,89,00,000 (hereinafter “instant service charges”) totaling KRW 1,483,89,020,020 (hereinafter “instant service charges”) of the existing loan and KRW 253,89,020 (Evidence 3; hereinafter “instant agreement”).

B. The main contents of the instant agreement are as follows.

In the redevelopment and improvement project of the common area of the Gu, American, and the Seoul Special Metropolitan City (58,636.00 square meters), the representative director E (hereinafter referred to as the "A") and the president of the partnership of the Dong B Housing Redevelopment and Improvement Project Association (hereinafter referred to as the "B") shall implement the following projects in accordance with the agreement between "A" and "B":

- - The following:

1. While “A” is proceeding with the redevelopment project of B housing which is being promoted from May 2006, the progress of the project within a rapid time has not been achieved, despite the complicated circumstances between “A” and a difficult social environment, “B”, in maintaining the progress of the project so far without changing the contract, shall first have an audit on behalf of all its members.

2. However, “A” was committed on September 18, 2012 at the general meeting once again on June 18, 2013 at the work of the Company’s inaugural general meeting held on September 18, 2012, and year;

8.1. After authorization for the establishment of the Si, “B” is sent a peremptory notice of termination and passed through the board of directors and the board of representatives for termination according to the procedure, because all matters, such as the selection of a contractor and the operation of the association, etc., are not fulfilled

8. 23. Approval of Congress shall be obtained.

Accordingly, "A" and "B" are successful in the redevelopment project of B houses.

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