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(영문) 수원지방법원 2017.05.11 2016나14628
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an association organized to carry out a construction project of multi-family housing, including apartment units comprised of 86,684 square meters of a site purchase area, 75,69.32 square meters of a real business area, and 1,764 households in Ansan-si, and the Plaintiff entered into an agreement to enter into an association with the Defendant on April 24, 2015 (hereinafter “instant agreement”).

Article 3 [A prospective contractor for Construction] The prospective contractor for the construction of apartment units shall be the KIBD Construction. The provisional contract for the construction contract and this contract shall be concluded on behalf of the plaintiff by the defendant entrusted with the authority pursuant to Section 2.

Article 4 (Vicarious Execution of Partnership Business)

1. An association agent shall be selected for a smooth new construction project of apartments;

A cooperative agent shall be the development of the EP industry, and shall delegate and undertake all matters necessary for the implementation of this project, and the contract for the cooperative agent shall be concluded separately by the defendant.

2. The cost for the vicarious operation of a cooperative means the cost for promoting projects from the date of conclusion of a contract to the time of liquidation after moving into the cooperative, and no objection shall be raised with respect to the cost for the vicarious operation of a cooperative that is paid by the cooperative to its agent after receiving a separate payment from each

3. The contract period for supporting the business affairs of an association for the development of the same industry shall be from the date of conclusion of the contract to the date of completion of the liquidation of the association after inspection on approval for the use of apartments;

Article 5 [Trust Company] The Asian Trust (State) shall be designated as a trust company to manage the funds in a transparent manner in the progress of the business, and the trust company shall be entrusted company with a separate agreement, and the plaintiff shall be agreed by the defendant.

Article 7 (Charges for Cooperative Members and Management thereof)

3. Members’ charges shall, in principle, be deposited in the following accounts designated by the Defendant in their own name, and all charges deposited in other accounts shall not be recognized, and the charges incurred thereby.

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