손해배상(기) 등
1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:
The defendant is against the plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 5, 7 through 13 (including the number; hereinafter the same shall apply), Eul evidence Nos. 1 and 16, unless otherwise specified.
The G Housing Association (the foregoing association was incorporated into the H Housing Association, and the association before and after its incorporation was referred to as the “instant association”) was established in order to promote the collective housing project by setting the first unit of Dongjak-gu Seoul Metropolitan Government as its business area.
The members of the association of this case were entitled to purchase apartment units to be constructed in the above multi-family housing project.
B. (1) On June 2008, the Defendant entered into a contract with the Plaintiff to transfer the right to purchase an apartment unit built by the said association as a member of the instant association to a total of KRW 230 million (i.e., KRW 180,000,000,000,000,000) (hereinafter “instant contract for the transfer of the right to purchase ownership”). Under the transfer contract, the transferor’s name is referred to as “L” to the Defendant who lent his name to the Defendant. From June 14, 2008 to June 26, 2008, the Plaintiff received a total of KRW 180,000,000 from the account in the name of the Defendant or E for the said transfer price to June 26, 2008, and received KRW 50,000,000,000 from the Plaintiff.
(2) At the time of the instant transfer contract, the Defendant agreed that the Plaintiff shall be liable and complete all the procedures for succession to membership, such as the payment of contributions to the Plaintiff, and that the Defendant shall immediately refund all the proceeds in the event that the succession to membership was not completed or the Plaintiff is not recognized as a member due to erroneous treatment (hereinafter “instant refund agreement”).
(3) The instant case.