손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Korea Regional Housing Association (hereinafter “instant association”) was established in order to promote the collective housing project by setting the Dongjak-gu Seoul Metropolitan Government E zone 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 Plaintiff entered into a contract with F to transfer the right to purchase an apartment unit to be constructed in the future as a member of the instant association (i.e., KRW 230,000,000 in total, along with the status of the union member (i.e., KRW 180,000 in premium of KRW 50,000 in premium of the union member) (hereinafter “instant contract for the transfer of the right to sell an apartment unit”).
Under a transfer contract, the transferor’s name is “G” that lends his name to the Plaintiff.
2) The Plaintiff was paid KRW 50,000,000 on June 14, 2008 through an account in the name of the Defendant C, which was in charge of the business of receiving contributions from the members and delivering them to the instant association from F as at the time of the said transfer proceeds, and KRW 60,000,000 on June 16, 2008, respectively, through an account in the name of the Defendant C, and KRW 50,000,000 on June 26, 2008.
3) At the time of the contract for the transfer of the sales right, the Plaintiff agreed that F and F are responsible for and completed all the procedures for the succession to membership, such as the payment of contributions, and that F and F are immediately refunded when the succession to membership was not completed or when F and F are not recognized as its members due to erroneous disposal. 4) After the conclusion of the contract for the transfer of the sales right in this case, F were registered on the list of members of the instant association.
C. The notification of the expulsion of members to F and the notification of the Plaintiff’s civil action 1 of this case to the Plaintiff is for the purpose of proving the payment of contributions to those members including F around 2012.