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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Defendant Cooperative is a regional housing association established to carry out the business of newly building and selling apartment units on the land of Yeongdeungpo-gu Seoul Metropolitan Government, the method of a regional housing association. On April 30, 2003, the Defendant Cooperative concluded a contract for the execution of new apartment construction project (hereinafter “execution agency contract”) with Non-Party D Co., Ltd. (hereinafter “Non-Party D”) and entrusted the non-party company with the business of purchasing the project site for the construction of apartment units.
The main contents of the above enforcement agency contract are as follows:
[Execution Agency Contract] A: District Housing Association B (Defendant, President E): Multi-family housing to be constructed under Article 2 (Scale and Number of households) of the D (Representative F) Company, the scale of the national housing scale of which is below 34 square meters (exclusive size of 25.7 square meters).
Article 3 (Duties of Agency Contracts) The duties to be performed by Agency shall be as follows:
2. Business related to the registration of a trust for the transfer of ownership (1) 3) 4);
3. Business affairs related to members; 3) Business affairs related to the payment of contributions. Article 6 (Fund Plans)
1. The raising of funds required for the purchase of a building site and construction expenses shall be the contributions of each member;
Article 7 (Service Price and Payment Schedule)
1. The cost of services shall be 34 square meters per 34 square household in principle;
On October 16, 2012, the Plaintiff owned the ownership transfer registration under the name of the Plaintiff, which is part of the instant apartment building construction project site in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”). As to the instant land, on January 30, 2003, the establishment registration of the neighboring mortgage amounting to KRW 150 million with respect to the Defendant, the maximum debt amount, KRW 150 million, was completed on May 9, 2003, and ② on May 9, 2003, the establishment registration of the neighboring mortgage amounting to KRW 150 million with respect to the instant land was completed in the name of the Defendant F (the representative of the company other than the Defendant) and the maximum debt amount of KRW 560 million, respectively.
After the contract of this case was concluded, the non-party company was the defendant on May 26, 2004.