손해배상(기)
1. Defendant B Apartment District Housing Association: (a) KRW 179,100,000 to the Plaintiff; and (b) from May 2, 2012 to September 11, 2014 to the Plaintiff.
Defendant B Apartment District Housing Association (hereinafter “Defendant Association”) is a regional housing association established for the purpose of supplying multi-family housing to its members, including the instant construction contract, and Defendant C is a person who served as a representative director of E Co., Ltd. (hereinafter “Nonindicted Company”).
On March 12, 2009, the Defendant Union concluded a contract with the non-party company and the non-party company and the non-party company and the non-party company on the non-party company F, Gyeonggi-gun, and six parcels above the size of 15 stories above the ground and 49 households above the 15th unit size above the ground (hereinafter “the apartment of this case”).
During the construction of the apartment of this case, the non-party company was suffering from the dispute due to the payment of the price with the defendant union. On November 4, 2009, the construction was suspended and the construction was completed at the site.
On November 20, 2009, Defendant D, who takes over the Plaintiff’s membership status, drafted a membership subscription agreement between the Defendant Association and the Defendant Association on the purchase of the instant apartment Nos. 101 and 1202 (hereinafter “instant apartment”). At the bottom of the above membership subscription agreement, Defendant D also affixed a seal imprint of the Nonparty Company, the contractor, at the bottom of the above membership subscription agreement.
On the other hand, on August 21, 2009, Defendant D borrowed KRW 150 million from the National Bank at the National Bank on August 21, 2009 and deposited all of them into the account of the Defendant Union.
On November 10, 2009, the Plaintiff acquired the right to sell the instant house from Defendant D, and paid KRW 29.1 million to Defendant D’s president of the Defendant Union as the down payment for the instant house. On November 19, 2009, the Plaintiff acquired the obligation to lend KRW 150 million to Defendant D’s National Bank to Defendant D’s National Bank.
On April 20, 2012, the registration of ownership transfer was completed in the name of the defendant association as to the instant apartment house that was disposed of, and thereafter, the registration of ownership transfer was completed on May 2, 2012.
【Reasons for Recognition】