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(영문) 서울동부지방법원 2017.07.06 2016가합1548
청구이의
Text

1. The plaintiff (consolidated plaintiff) is against the defendant (consolidated plaintiff) B in the amount of KRW 300,000,000 and the defendant (consolidated plaintiff).

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

Basic Facts

E Co., Ltd. (hereinafter referred to as “E”) is a company that is established on July 3, 200 and operates housing construction, real estate leasing and selling business, etc., and F is a real representative of E.

The Plaintiff is a company that is established on January 23, 1991 and runs real estate development business, sales agency business, lease business, etc., and G is the actual representative of the Plaintiff.

H A. From May 29, 2004 to January 31, 2013, as a director of the I Apartment Reconstruction Project Association (hereinafter “instant association”), was performing the duties of the president of the association as a proxy from January 17, 201, and Defendant B, as a spouse of H, is a person who operates a drinking house together with Defendant C.

On July 2, 2007, E entered into a sales contract for the portion of five-story stores among the instant commercial buildings with the remaining prices by the floor (hereinafter “instant commercial buildings”) excluding the portion of the cooperative members among the buildings with the 1st floor underground and the 25,539.44 square meters (total area of sale and supply) in the Songpa-gu Seoul Special Metropolitan City J apartment complex.

On March 4, 2009, the Plaintiff entered into a sales contract with E to purchase the entire five-story stores of the instant commercial building in KRW 20,328,502,50 (excluding subparagraphs 501 through 517 and 501 were excluded from the subject matter of sale; hereinafter “the instant five-story stores”).

However, on September 28, 2009, the instant trade association rescinded the sales contract on July 2, 2007 with respect to the instant commercial building on the ground that E did not pay the remaining sales price, excluding KRW 71.8 billion, and accordingly, the Plaintiff also rescinded the sales contract on November 11, 2009, which was concluded with E with respect to the instant five-story store.

Accordingly, the instant association was established against the Plaintiff on December 8, 2010 at the store of the fifth floor of this case as Seoul Eastern District Court 2010Kahap21717.

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