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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. From October 6, 2009, the Plaintiff is a person who served as the president of the Promotion Committee for Housing Redevelopment Improvement Project in B B before the Defendant’s establishment (hereinafter “instant Promotion Committee”).
B. The Defendant is a housing redevelopment and consolidation project association that obtained the authorization of establishment on September 11, 2018 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff requested to lend money to C, D, E, F, G, and H (hereinafter “C, etc.”) as operating expenses of the instant promotion committee. From April 23, 2010 to October 19, 2010, C, etc. transferred total of KRW 113,60,000 to the post office account (I; hereinafter “instant post office account”) in the name of the Plaintiff used by the said promotion committee, and used it for operating the said promotion committee.
B. Although the instant promotion committee adopted and finalized the budget bill with the chairperson’s salary of KRW 2,300,000 per month through the residents’ general meeting on January 10, 2010, it did not pay KRW 117,300,000 corresponding to the Plaintiff’s portion for 51 months from January 2010 to April 2014, which the Plaintiff performed its duties.
C. The Defendant, upon obtaining authorization to establish an association on September 11, 2018, comprehensively succeeded to the rights and obligations related to the instant promotion committee’s business pursuant to Article 34(3) of the Urban Improvement Act. As such, the Defendant is the Plaintiff.
loan 113,600,000 won and b)
Amounting to KRW 230,900,000 (=113,60,000,000) for unpaid benefits of KRW 117,30,000) is obligated to pay KRW 117,30,000.
3. Determination
A. Even according to the Plaintiff’s assertion of determination on the claim for loan, lending money to the instant promotion committee is not the Plaintiff, but C, etc., so the Plaintiff’s assertion itself is without merit. The Plaintiff borrowed money from C, etc. to the Plaintiff’s assertion on household affairs.