채권조사확정재판에 대한 이의의 소
1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
1. Basic facts
A. On August 6, 2007, the defendant is a housing association established with 341 members to promote a housing construction project (hereinafter “the instant project”) with the members of the C Day as a project implementation district. E (hereinafter “E”) is the defendant’s execution agent, and the central construction company (hereinafter “central construction”) is the contractor.
B. 1) Since the process of the establishment of the instant project, E performed the work of securing the project site and inviting union members. During the process of promoting the instant project, E demanded the refund of union membership fees and pressure on the repayment of the principal and interest of existing creditors to withdraw from the association, making it difficult to rapidly make financial circumstances difficult. (2) In order to secure the business and operating funds, E obtained loans worth approximately KRW 180 billion under the guarantee of central construction, a contractor, from April 2007 to February 2, 2008.
In addition, E has arranged to transfer the so-called --called ----called --------------brea area for sale to an investor who is not qualified as a member of the association, and at the same time, purchased apartment at a level of about 60% of the apartment sales price and collected funds in advance in the course of the project in which the project in this case is being carried out.
3 E conducted the instant project on behalf of the Defendant on December 5, 2008, with the approval of the housing construction project on December 5, 2008, and with the receipt of the commencement report completion certificate on June 26, 2009. However, on June 2010, the central construction, a contractor, entered the workout status, and the instant project was completely suspended.
(c) Apartment Housing Supply Contract A: Defendant, Defendant, and Party B: for the portion of apartment for one household of the B-area housing association that is promoting the construction in FHanam City C, Party A and Party B, Party E and Party B, a cooperative agent.