The main claim in the lawsuit of this case shall be dismissed.

Seoul Central District Court on December 30, 2015 2013 Mada2130.

1. Basic facts

A. On August 6, 2007, the Defendant is a housing association established with 341 members to promote a housing construction project (hereinafter “the instant project”) with the members of the C Day as a project implementation district. D Co., Ltd. (hereinafter “D”) is the Defendant’s execution agent, and the central construction company (hereinafter “central construction”) is the contractor.

B. 1) Since the process of the establishment of the instant project, D performed the work of securing the project site and inviting union members. During the process of promoting the instant project, D’s demand for refund of union membership fees and pressure for repayment of principal and interest of existing creditors to repay the principal and interest of the association members who want to withdraw from the association, making it difficult to rapidly cope with the circumstances of the instant project. (2) In order to secure the business and operating funds, D’s loans amounting to approximately KRW 180 billion under the guarantee of the Central Construction Corporation, a contractor, from April 2007 to February 2, 2008, and, at the same time, D received funds in advance from the said investor in the form of an advance payment in lieu of apartment sales price.

3) D performed the instant project on behalf of the Defendant on December 5, 2008, with the approval of the housing construction project on June 26, 2009, with the completion of the construction report completion certificate, etc. However, around June 2010, the central construction, a contractor, entered the workshop, and the instant project was completely discontinued. C. On February 1, 2008, the Defendant entered into the instant apartment supply contract with E and Hanam-si, a member of the Defendant’s association (hereinafter referred to as the “instant apartment”), and the said apartment supply contract was concluded.