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(영문) 서울중앙지방법원 2015.04.30 2013가합541592
분담금반환청구 의 소
Text

1. Defendant F Area Housing Association and Chang C&C Co., Ltd. shall be jointly and severally owned by the Plaintiff, KRW 80,000,000, and Plaintiff B 80.

Reasons

1. Basic facts

A. Defendant F Area Housing Association (hereinafter “Defendant Association”) is a regional housing association established in order to promote the new construction and sale of H’s apartment complex (hereinafter “instant new construction project”) with the authorization from the head of Mapo-gu Seoul Metropolitan Government on March 26, 2008 after obtaining from the head of Mapo-gu to establish a new construction project site (hereinafter “instant apartment complex”). Defendant Chang C&C Co., Ltd. (hereinafter “Defendant Chang C&C”) is an execution agent for the instant new construction project implemented by the Defendant Association, and Defendant Chang C&C Co., Ltd. (hereinafter “Defendant Chang C&D”) is a contractor for the instant new construction project that entered into a contract with Defendant Association and Defendant Chang Chang C&C on July 2008.

B. On February 26, 2011, Plaintiff A, Plaintiff D, March 2, 2011, Plaintiff C, March 4, 2011, Plaintiff C, and Plaintiff E, June 7, 2011, entered into an association with the Defendant and paid the Plaintiff’s contribution to the Defendant Association, and Plaintiff E entered into an agreement with each of the instant apartment 1, Plaintiff A, B, C, and D to purchase the instant apartment 84 square meters, and Plaintiff E, respectively. On the other hand, Plaintiff C entered into an agreement with the association to purchase the instant apartment 59 square meters. On the other hand, Defendant Chang C and C entered into an agency agreement with Defendant Chang C to act on behalf of Defendant Changnam on behalf of others, and Defendant Construction signed the said agreement with the status of the construction works.

(hereinafter) The Plaintiffs are referred to as the “each of the instant contracts” and the contract written at the time is referred to as the “each of the instant contracts”.

At the time of entering into each of the contracts in this case, the Plaintiffs confirmed from Defendant Cooperatives and Defendant Creative C. “The Defendant Cooperatives and Enforcement Agency, on the solicitation of the Special Association for the New Project in this case by the Defendant Cooperatives and Enforcement Agency, as follows:

1.The schedule of the Project in connection with this Agreement.

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