손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The premise is that ① the Plaintiff was an employee of the Sejong Chang Chang Co., Ltd. (hereinafter “Seo Chang Chang”) and the Sejong Chang Chang concluded a new construction contract with the Defendant Association around 2004.
② As the result of the sale of the above reconstruction apartment was low and many members demanded liquidation, it was demanded that the employees of the company including the Plaintiff, etc. receive succession to the association members in the name of the Plaintiff, etc., and the Plaintiff, etc. succeeded to the status of the association members and entered into a loan transaction agreement with the National Bank on the moving expenses loan.
③ Around May 2005, the Defendant and Sejong-si sold the reconstruction shops allocated under the name of the staff, including the Plaintiff (as to the Plaintiff, an A-dong shopping mall No. 110 on the list) to the fur loan Co., Ltd.
④ After concluding a loan transaction agreement with the National Bank for moving expenses, the employees, including the Plaintiff, etc. paid interest on the loans for moving expenses from October 2006. Around the above time, the amount of the loan was defaulted, and the Plaintiff paid interest on the loan for moving expenses under his name to the National Bank from November 2006 to February 2, 2011.
⑤ The Defendant re-purchased part of A-Dong 3 commercial buildings from Fur loan Co., Ltd. in the name of the Plaintiff, etc., and the registration of preservation of ownership was made for the above commercial building A-dong 307-1 in the Plaintiff’s name, and the Plaintiff sold the above commercial building in the name of 49.5 million won on April 2015 and repaid KRW 7,283,082, the interest for which payment was postponed, to the National Bank.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 4, 10, 12 through 14, Eul evidence 1 and 2, the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion is a legitimate member who has a share in the rebuilding of this case 110 on the first floor. The defendant and Sejong Chang-si conspired to sell the above commercial shares of the plaintiff following the plaintiff's death.
Therefore, the defendant.