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(영문) 서울중앙지방법원 2018.11.01 2017가합534219
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) A regional housing association is a housing association established to build 32 units of multi-family housing from “D and 1,282.67 square meters of multi-family housing in Namyang-si.” On May 9, 2013, E Co., Ltd. (hereinafter “E”) conducting a housing association management agency business of the housing association (hereinafter “E”) separately from C regional housing association.

3) A regional housing association entered into an agency contract with E on May 2013, immediately after obtaining authorization for establishment, and intended to implement housing projects jointly with E. B. A regional housing association and E on May 15, 2013 (hereinafter “instant agency contract”) entered into a funding agency contract with the Defendant on May 15, 2013. The main contents of the contract are as follows.

Article 2 (Business Outlines) The outlines of the Project are as follows:

1. Project name: A project for constructing a new apartment of South Yangyang-ju;

2. Site for the project: The Gyeonggi-do Filju;

3. Business area: 5,536㎡ (1,674.74 square meters).

5. Scale: 2 to 16th below the ground level (154 households of multi-family housing) may be modified in the process of modifying the authorization to establish a regional housing association and approving a project plan.

Article 3 (Delegation of Duties) (1) The duties entrusted by C Regional Housing Association or E to the defendant under this Agreement are the duties of managing the operation and management accounts established for the fund management in relation to this project.

Article 5 (Management of Funds) (1) In order to manage all funds relating to the project under the name of the defendant, such as partnership fees, partnership contributions and E procurement funds, sale fees, etc., the defendant shall open and manage the operation and management accounts under the name of the defendant separately with the seals of the defendant, and the defendant shall keep the passbook.

Article 6 (Procedure for Execution of Funds) (1) Withdrawal of funds from an operation and management account.

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