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(영문) 서울고등법원 2016.05.20 2015나2011548

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts of the case shall be acknowledged either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 7, Eul evidence No. 1-2, Eul evidence No. 2-1, Eul evidence No. 3, Eul evidence No. 4-2, and Eul evidence No. 4-3 as a whole.

A. At around 2003, G Co., Ltd. (hereinafter “G”) issued and sold a member subscription certificate (hereinafter “this case’s association”) of the regional housing association (hereinafter “the instant association”) in the manner of the regional housing association (hereinafter “instant association”) in order to implement the new apartment construction project (hereinafter “G”) in the Dongjak-gu Seoul Metropolitan Government H one by means of the regional housing association (hereinafter “instant project”).

B. The National Bank (Account Number: J) account in the name of Defendant D (hereinafter “National Bank”) deposited KRW 10 million on March 14, 2008, and KRW 48 million on March 19, 2008, respectively, with the purchase price of the Plaintiff’s membership certificate. The deposit titleholder is K, the Plaintiff’s husband, and on March 19, 2008, the certificate of membership issued by the Plaintiff’s member K on March 19, 2008.

C. On March 30, 2008, Plaintiff B paid KRW 10 million to Defendant D with the purchase price in the instant membership certificate, deposited KRW 45 million on April 3, 2008 in the National Bank account (Account Number: M) with Defendant D and E, and received one copy of the Plaintiff’s membership certificate on April 3, 2008.

Plaintiff

C around June 2008, upon Defendant F’s recommendation, purchased one copy of the membership certificate of this case from Defendant D from Defendant F in the amount of KRW 60 million, deposited the amount of KRW 60 million into Defendant F’s account, and Defendant F sent it to Defendant D.

In addition, on June 27, 2008, Defendant D, through Defendant F, issued to Plaintiff C one copy of the membership certificate of this case where the membership member was N.

E. On the other hand, the head of Dongjak-gu Seoul Metropolitan Government is the head of Dongjak-gu Seoul Metropolitan Government on the group of O, including most of the land subject to the project of the union of this case.