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(영문) 서울중앙지방법원 2018.07.06 2016가합560280
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Association was established to promote a reconstruction project with one square meter of 612 square meters in Seoul, Dongjak-gu Seoul Metropolitan Government as a project site (hereinafter “instant project”), and is a regional housing association that obtained authorization on July 13, 2009, and Defendant D Co., Ltd (hereinafter “Defendant D”) is the project executor of the instant project.

Defendant E is a licensed real estate agent operating the J Licensed Real Estate Agent Office; Defendant F (former name: K) is the president of the Defendant Union; Defendant G is the representative director of Defendant D; Defendant H is the director of Defendant D; and the Plaintiffs are members of the Defendant Union upon introduction by Defendant E.

B. The Plaintiffs agreed to join the Defendant Association through Defendant E, and transferred the total of KRW 84 million under the name of KRW 60 million and KRW 24 million under the name of two rights to sell to the account under Defendant E on October 20, 2006.

Even after January 30, 2009, the total amount of KRW 30 million, KRW 20 million on March 4, 2009, KRW 60 million on July 8, 2011, and KRW 10 million on January 30, 2009, Plaintiff B remitted KRW 40 million on February 26, 2009, KRW 60 million on October 6, 2009, KRW 120 million on October 27, 201, and KRW 10 million on November 24, 201 to the accounts of the Defendant association members and business promotion expenses under the name of the Defendant association.

C. Since the project in this case was not feasible only with the project site secured by the Defendant Union, it was an important part of the project in this case to secure a site to be used in the newly established Air Force Readjustment Support Group (hereinafter “Air Force Readjustment Support Group”) or the Air Force Readjustment Support Group (hereinafter “FF”) after the abolition of the Air Force Welfare Group.

Accordingly, the defendant union, from October 2006 to the end of 2012, requested consultation or filed a civil petition with the Air Force Welfare Group or the Air Force Rescept, filed a civil petition with the National Ombudsman, or filed a petition with the National Defense Committee.

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