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(영문) 울산지방법원 2020.11.19 2018가합22592
문서인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant C and the Defendant (Counterclaim Plaintiff Co., Ltd.) are jointly recorded in the separate sheet No. 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the party is that the Plaintiff did not obtain authorization to establish an association as a non-corporate group at the stage of the Committee for Promotion of the Regional Housing Association organized around March 2016, as an implementer promoting a project for constructing multi-family housing with 439 households (hereinafter “instant project”).

Defendant B (hereinafter referred to as “Defendant B”) is a corporation established for the purpose of real estate development business, construction execution business, etc., which is a corporation established to conduct services, such as purchase of land and lending of funds, etc. concerning the instant business. Defendant C is the representative director of Defendant B, who served as the chairperson of the Plaintiff’s promotion committee from the time of establishment to January 31, 2018. Defendant E (hereinafter referred to as “Defendant E”) is a corporation whose business purpose is real estate development business, construction execution business, etc., and is the Plaintiff’s agent. Defendant D is the representative director of Defendant E.

B. “tentative name” was concluded between the Promotion Committee of the Regional Housing Association A and the Promotion Committee of the Regional Housing Association A around November 27, 2015 that was organized by the Plaintiff on March 27, 2016 and Defendant B’s land service contract, and the land service contract was concluded on November 27, 2015.

The main contents are as follows:

At the time of concluding the self-service agreement on November 27, 2015, "tentatively named" was Defendant C, both the promotion chairperson of the regional housing association promotion committee and the representative director of Defendant B.

1. Defendant B: (a) actively performs the duty of consulting on the land services on the project site of this case; (b) the costs incurred during Defendant B’s land services may be paid in advance by Defendant B; and (c) “The Committee for Promotion of Regional Housing Association shall first pay in advance, separately from the cost of land services.”

2. tentatively named “A regional housing association promotion committee shall pay the costs incurred during the land services to Defendant B and at the same time Defendant B shall immediately pay them.

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