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(영문) 대전지방법원 2017.04.14 2016나1043
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On November 26, 2013, Defendant B apartment construction association (hereinafter “Defendant association”) is a non-corporate association established to construct apartment units on the land and sell them to its members, after having sold the land for multi-family housing to be sold in relation to the housing site development business of the Korea Land and Housing Corporation in Sejong Special Self-Governing City.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a contract on vicarious execution of the said sale contract with the Defendant Co., Ltd. (hereinafter “Defendant Company”).

B. On May 2, 2014, the Korea Land and Housing Corporation publicly announced the supply of multi-family housing sites for multi-functional administrative city migrants. The Korea Land and Housing Corporation: (a) had a cooperative consisting of the persons selected as persons eligible for the supply of the said housing site file an application for purchase of land exceeding 60 square meters if the number of its members is not more than 346 to 384; (b) 654 to 725 square meters if the number of its members is more than 65 square meters; and (c) had a cooperative file an application for purchase of land exceeding 85 square meters if the number of its members is 654 to 85 square meters; and (d) the said cooperative should be comprised of the pre-registration date (from May 9, 2014 to June 23, 2014; and (e) made it impossible to file

C. The Defendants, at the time of the aforementioned announcement, concluded a service contract with the J and the J, which, as the number of the members of the Defendant Union falls short of the minimum number of the members of the said publication, entered into on June 4, 2014, in which the J and the J engaged in contracting and selling agency services for the Defendant Union for the recruitment of the members of the Defendant Union (hereinafter “instant contract”).

In the instant contract, J decided to employ ten public relations personnel during the period of the first service (from June 5, 2014 to June 15, 2014) 30 and the second service period (from June 16, 2014 to July 8, 2014), 15 and the third service period (from July 9, 2014 to July 28, 2014) (However, if the number of public relations personnel is changed at the request of the Defendant Union, the Defendant is to settle accounts and pay the labor expenses in accordance with the above criteria).

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