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(영문) 서울중앙지방법원 2014.12.12 2013가합30191

손해배상

Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

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

Reasons

1. Basic facts

A. Nonparty B established several real estate development companies, such as the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd., and actually operated each of the above companies. From around 2001, Nonparty B purchased 300 square meters of land, including 39,372 square meters of forest land and fields located in Gwangju-si, and forests and fields adjacent thereto, and 300 square meters of land, including miscellaneous land, in the name of each of the above companies. Nonparty B established Nonparty H District Housing Association, I District Housing Association (hereinafter collectively referred to as “the above association”) around that time, and started to implement the apartment housing business (hereinafter referred to as “instant business”).

B. In around 2003, the non-party partnership, etc. and the non-party partnership and the non-party partnership, an agent company for the execution of the instant project, entered into a construction contract with the Defendant with the content that the instant project will be contracted to the Defendant when the approval of the instant project becomes final and conclusive after obtaining authorization for the establishment from the competent authority.

C. The Plaintiff (Appointeds) and the designated parties (appointeds) (hereinafter “Plaintiffs”) entered into an apartment supply contract between the Plaintiff (Appointeds) and the Nonparty Association and the loan for apartment price.

A) Around 2003, the apartment supply contract was concluded between each non-party union and each non-party union. (2) According to the above supply contract, each of the plaintiffs has to pay the down payment to KRW 29 million, and the apartment price, including the down payment, has to be deposited into the national bank account in the name of the defendant (Account J, hereinafter “Defendant’s name account”).

3) Meanwhile, the Plaintiffs received part of the apartment price from the National Bank under their joint and several sureties, and this loan was deposited in the account in the Defendant’s name. D. The actual operator of the non-party union is the discontinuance of the instant business and the criminal judgment against B.