손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. The plaintiff's assertion
A. On May 29, 2017, the Plaintiff entered into a partnership joining agreement (hereinafter “instant agreement”) with the Defendant (tentative name)-B Regional Housing Association (hereinafter “Defendant Union”) that newly built an apartment house in the Dong Dong Dong-si, Kimpo-si (hereinafter “instant project”), and paid KRW 30,000,000 to the Defendant Union by remitting the amount of deposit to the FF account under the instant agreement.
B. However, the instant contract is concluded under the lead of the Defendant Company by comprehensively entrusting all of the authority of the Defendant Company C (hereinafter “Defendant Company”), an agent in charge of the practice of the instant project, such as purchase of land and recruitment of union members, to the Defendant Company (hereinafter “Defendant Company”), which is in violation of Article 62 of the Civil Act (a director may allow another person to act on behalf of another person, only for matters not prohibited by the resolution of the articles of association or the general meeting). Thus, it is not effective against
Therefore, since the contract of this case is null and void, the defendant union should return KRW 30,000,000 already paid by the plaintiff.
(c)
Since the Defendants deceptiond the Plaintiff with the following matters, the Defendant Union should return KRW 30,000,000 already paid by the Plaintiff.
① The Defendants explained that G corporation would participate in the instant project as a contractor. The Defendants were in a position to change the plan to participate in the construction project so far. The Defendants were false as G corporation performed the instant project on a conclusive basis.
② The Defendants stated that the new apartment H that the Plaintiff entered into a contract could later be supplied as if they could be finally supplied despite the change in the number of houses.
③ The Defendants, at the time of the instant contract, are at least 80% of the land acquisition rate for the instant project.