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(영문) 서울동부지방법원 2018.07.27 2016가합101820
분양권자지위확인
Text

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

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

Reasons

1. Basic facts

A. The defendants' status 1) The non-party E association (hereinafter "non-party E association") is limited to the case.

) With respect to G urban development projects implemented by the Seoul Housing and Urban Corporation in Songpa-gu Seoul Metropolitan Government, a business that purchases commercial lots and constructs and sells business or commercial buildings (hereinafter referred to as “instant business”) by persons selected as eligible for livelihood measures.

(2) Defendant C and D are the union members of the above union, and Defendant B were the president of the above union.

B. The Plaintiff’s lending of money to Nonparty H, etc. (1) Nonparty Union is a corporation H (hereinafter “H”) around April 201, around April 201.

B) As to the instant project site, the Plaintiff entered into an implementation agency service contract with the purport of entrusting H with all business affairs related to the implementation of the project, such as the purchase of the instant project site, authorization and permission related to the project, borrowing of necessary funds, management of contributions, and the sale of facilities. 2) The Plaintiff, from November 5, 2011 to December 31, 201, lent KRW 300 million to H as of March 31, 2012. If H fails to repay the said loans, the Plaintiff, as of March 31, 201, was entitled to three copies of officetels to be newly built and sold in accordance with the instant project (hereinafter “instant officetel”).

3) On March 12, 2012, the non-party cooperative is limited to the I Co., Ltd. (hereinafter “I”).

4) H and I entered into a construction project management service agreement with respect to the instant project implementation, with the content that the authority to purchase land, permit to construct, and procure project costs was delegated to I. 4) both of which are the company substantially operated by Nonparty J, and I actually took over the above loan obligation against the Plaintiff of H.

5) When I was unable to repay the borrowed loan by the due date, I became a member of the non-party partnership on March 28, 2012, pursuant to an agreement to provide the instant officetel three bonds to the Plaintiff’s side, and upon joining the Plaintiff and his family members, the non-party K and L as the members of the non-party partnership, and the said loan principal and interest amounting to KRW 324 million (=the principal amount).

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