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(영문) 서울중앙지방법원 2017.04.12 2015가합541107
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendants are sectional owners of the instant tenement housing located in Songpa-gu Seoul N (hereinafter referred to as “instant tenement housing”) with a total of 12 sections of the apartment housing located in Songpa-gu Seoul N.

As of October 16, 2012, Defendant B drafted the “Agreement on Entrustment of Construction” with the condition that the Reconstruction Committee on the instant apartment house is to be established and operated in the future, under the premise that the rebuilding committee on the instant apartment house is to be established and operated in the future, that theO pays 40 million won to Defendant B at the cost of promotion, and that P operated by theO will be entrusted with the construction of the new building.

Defendant B filed an application for deliberation on a construction plan with the Songpa-gu Seoul Building Committee as the owner of the building, and the head of Songpa-gu approved the said construction plan on July 30, 2013, subject to partial revision of the plan.

On August 22, 2013, QA office provided the Defendants with a rebuilding project proposal, the main contents of which include design drawings, increase in the number of households, contributions to each existing householder, etc.

[Ground of recognition] Facts without dispute, Gap 6, 7 evidence, Eul 1, Eul 1 evidence, Eul 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. On October 2013, the Defendants established a partnership aimed at the reconstruction project of the instant apartment house and elected Defendant B as a general partner.

On December 18, 2013, the Plaintiff entered into a rebuilding project agreement with Defendant B on behalf of the Plaintiff (in the event that R does not have legitimate power of representation for the conclusion of this agreement, an expression agent is established) and paid KRW 210 million to R and Defendant B on the pretext of moving expenses needed for reconstruction projects according to the said agreement.

However, on November 10, 2015, the Plaintiff rescinded the reconstruction project contract by filing an application for modification of the purport and cause of the claim.

Therefore, the defendants, a member of the association, jointly and severally recover from the original state following the cancellation of the contract, to the plaintiff as well as KRW 210 million.

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