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(영문) 서울중앙지방법원 2019.03.14 2017가합504942
약정금
Text

1. The part on which the Defendant (Counterclaim Plaintiff) seeks to confirm the validity of the rearrangement project service contract among the main counter-claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 4, 2010, the Plaintiff is an association established pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), and is in the position to succeed to the rights and obligations of the E Promotion Committee (hereinafter “instant Promotion Committee”), which is a telegraph, and the Defendants are specialized management contractors under the former Act.

B. On May 23, 2008, the instant promotion committee concluded with the Defendants a maintenance and improvement service contract (hereinafter “instant service contract”). The main contents are as follows.

(A) Among the contents, “A” refers to the instant promotion committee, and “B” refers to the Defendants, respectively.

1. Project name: Affairs of redevelopment of housing in the C/D area;

2. Location: Socheon-si Cdong, D Dong Dong-dong;

3. Contract unit price: 26,700 square meters per 3.3057 square meters in total floor area for construction (new construction) (based on total floor area: 476,305.152 square meters (based on total floor area: 144,082.39 square meters);

4. Total contract amount: The total contract amount shall be settled as the total floor area of a building finalized after the authorization to implement the project is granted; 5. Service period: From the date of conclusion of the contract to the date of liquidation of the association;

Article 3 (Scope of Services) (1) of the Act on the Contracts for the Maintenance and Improvement of Housing Units (Scope of Services) (1) of the Act shall provide consultation and support for the execution of the following affairs related to the redevelopment and improvement of housing units in the C/D area with the approval of A, and the preparation and processing of documents related to the said services shall be governed by the Urban Improvement Act, the Gyeonggi-do Ordinance, the regulations on the

1. Consultation on authorization and permission affairs and management of union members (1) affairs: Necessary for authorization for establishment (2) of an association, such as operation of an association, various meetings, and appropriate project plans;

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