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(영문) 대구지방법원 김천지원 2018.06.01 2017가합141

손해배상(기)

Text

1. The defendants jointly do so to the plaintiffs on the money stated in the attached Table 3-2 "personal fee" and each of the above money.

Reasons

1. Facts of recognition;

A. Defendant CHousing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the reconstruction project (hereinafter “instant project”) in the Gu-U.S. D. D.

The Defendant Association (hereinafter “Defendant Company”) selected Defendant E Co., Ltd. (hereinafter “Defendant Company”) as the contractor, and Defendant A substantially operated Defendant Company.

B. 1) The Defendant Company and the Defendant Cooperative planned to newly construct F apartment units according to the instant business, and among which part of the sales contract was concluded with the Plaintiffs, who are not members of the Defendant Cooperative, as shown in the attached Table 2-1, as to the part of the unit sale contract (hereinafter “each sales contract”). 2) The Plaintiffs wired each money indicated in the “payment date” column of the same Table to the Defendant Company’s account in the name of contract deposit as the contract deposit.

3) On October 6, 2015, the rest of the Plaintiffs except Plaintiff G, H, I, and J received each of the money indicated in the column of “returned money” in the attached Table 3-2 from K and Plaintiff L and M, respectively, which introduced each of the instant sales contracts on October 6, 2015. C. After the relevant criminal case proceedings, N, which was the head of the Defendant A and the Defendant Union, was convicted in the Daegu District Court Kimcheon-Ma468, 778 (Joint), and 880 (Joint) fraud cases due to the following criminal facts.

Defendant A and N do not submit a report on the commencement of the project of this case at the time of the Si of the Si of the Gu, and cannot sell the apartment in general because they failed to obtain approval for the public announcement of invitation of occupants, etc., and they cannot carry out the project of this case normally due to excessive debts, etc., so even if they receive the purchase price by concluding a contract with the victims, they will or ability to sell the apartment.