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(영문) 서울중앙지방법원 2015.01.09 2013가합28570

손해배상

Text

1. All claims filed by the plaintiffs (appointed parties) and plaintiffs are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. In around 201, E’s promotion of multi-family housing projects, the F Area Housing Association and G Area Housing Association (hereinafter collectively referred to as the “instant association”) began to implement multi-family housing projects (hereinafter referred to as the “instant project”) that newly build and sell a total of 2,182 households, including 300 square meters of forests and fields H 39,372 square meters in and adjacent thereto in Gwangju-si, Gwangju-si, and 214,876 square meters in lots, including miscellaneous land (hereinafter referred to as “instant project”).

B. On around 2003, the Defendant entered into a provisional contract for construction works between the instant association and the Defendant, the agent for the execution of the instant project (hereinafter “Yuu”), a contract for construction works with the content that the instant association will receive an authorization to establish the association from the competent authority and would receive an approval for the instant project, and that if the instant association becomes final and conclusive and conclusive, it would receive a contract for construction works related to the instant project at KRW 58,129,340,000 of the contract amount (hereinafter “instant contract for construction works”).

C. 1) The Plaintiffs entered into an apartment supply contract between the Plaintiffs and the instant association and a loan for apartment price, etc. (hereinafter “instant contract”) around 2003, the Plaintiffs entered into an apartment supply contract with each of the instant associations (hereinafter “instant contract”).

According to the above supply contract, each of the plaintiffs' down payment is KRW 29 million (including business promotion expenses of KRW 5 million). The apartment price, including down payment, is an apartment bank account in the name of the defendant (hereinafter "the defendant's account").

2) Meanwhile, the Plaintiffs received part of the apartment price from the National Bank Co., Ltd. (hereinafter “National Bank”) under the Defendant’s joint and several sureties, and the said loans were deposited into the account in the name of the Defendant.

E, the actual operator of the instant union, such as the discontinuance of the instant business and the criminal judgment against E, shall be the instant union from around 2002 to around 2003.