분양대금 청구
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.
2. The appeal costs.
1. The scope of the judgment of the first instance court was dismissed in entirety against the Plaintiff’s Defendants and the co-defendants of the first instance court, and all of the counter-defendants of the Defendant B, C, D, E and the first instance court accepted the Plaintiff’s counterclaims F, G and H.
In this regard, the Plaintiff appealed only against the Defendants’ principal claim, and did not appeal against the joint Defendant of the first instance trial, the remainder, and the part of the counterclaim claim against the Plaintiff.
Therefore, only the plaintiff's main claim against the defendants is subject to the judgment of this court.
Since the Plaintiff withdrawn the part of the conjunctive claim against Defendant J in this court, the Plaintiff’s primary claim against the Defendants and the conjunctive claim against Defendant B, C, D, E, and I (hereinafter “Defendant B, etc.”) are examined.
2. Facts of recognition;
A. On October 25, 2002, the Plaintiff was a regional housing association that obtained authorization for establishment to build a collective housing in the Mapo-gu Seoul Mapo-gu Seoul District District Office, and the Plaintiff constructed 299 households of P apartment on the ground of the above land (hereinafter “instant apartment”) with the approval of the project plan as a contractor and a joint project proprietor.
B. The Plaintiff’s president Q Q from September 27, 2002 to March 7, 2008. The president of the partnership from June 13, 2008 to September 26, 2009 is R, and S is the representative director of T’s business who vicariously performed the Plaintiff’s business from September 27, 2002 to September 26, 2009.
C. The Plaintiff entered into the instant sales contract and the former JJ Co., Ltd. (hereinafter “former J”) and the J Co., Ltd., which paid the sales price, is a corporation of the registration number “AD” which was deemed to have been concluded on December 5, 2014.
A contract for the sale of each of the relevant real estate listed in the attached Table 1 (hereinafter referred to as “each of the instant real estate”) in a voluntary sale method as shown in the attached Table 1 as shown below (hereinafter referred to as “each of the instant sales contracts”).
On October 18, 2008, when the plaintiff holds a general meeting of the union members and draw the same number of real estate.