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(영문) 의정부지방법원 2016.02.18 2014가단112927
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Housing Association (hereinafter “instant association”) planned an apartment building development project (hereinafter “instant project”) to build apartment buildings in the land located in the Republic of Korea, Yangyang-si D (hereinafter “instant project site”), and the Defendant is the president of the instant association.

B. On June 11, 2014, the Plaintiff entered into a housing association agreement with the instant association for the purpose of paying KRW 275 million to the members of the association (59m2) and being supplied with one apartment household (hereinafter “instant agreement”). On the same day, the Plaintiff paid KRW 27.5 million to the instant association.

C. E including the instant project site, the F Housing Association was authorized to establish a regional housing association on December 28, 2005 by the Namyang-si.

The Defendant filed a lawsuit seeking revocation of authorization for the establishment of the Franju Housing Association against the Namyang Housing Association as the District Court 2014Guhap8402, but was subject to retirement on April 14, 2015.

E. C Housing Association was authorized to establish a housing association on December 23, 2015 by the Namyang City Mayor.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 3 and 11 (including numbers; hereinafter the same shall apply)

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the F Housing Association had already obtained the authorization of establishment in the first place of the instant project site, and thus, the Defendant was liable to compensate the Plaintiff for the damages incurred by the Plaintiff as a tort, on the ground that the Defendant did not have obtained the authorization of establishment, by making a false statement to the effect that “the instant association obtained the authorization of establishment, and may subsequently purchase an apartment upon the conclusion of a membership agreement.”

B. Determination feet, Gap Nos. 1 and 4.

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