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1.The judgment of the first instance shall be modified as follows:
The defendant shall borrow from the intervenor succeeding to the plaintiff the attached list.
Reasons
1. Facts of recognition;
A. C’s purchase 1) The E-Housing Association established from November 2005 to March 10, 2012 from March 201, 201 to the Dongjak-gu Seoul Metropolitan Government D’s purchase of housing units for its members of the E-Housing Association (i.e., acquisition of authorization from the association on November 17, 2008, and hereinafter “S-S-S-S-S-S-S-S-A”)
A) Around June 2008, C had been in office as the president of the KF (name G) and H (hereinafter collectively referred to as “F, etc.”) who shared the lending of the attached list (hereinafter referred to as “the lending of the instant case”) around June 2008, upon the sale of F (name G) and H (hereinafter collectively referred to as “F, etc.”) to B of the instant lending of KRW 490 million, the F, etc. received the obligation to refund the deposit for the lease of the instant lending (135 million won) and the obligation to repay the national bank loans (162 million won, the maximum debt amount on the register) and the obligation to repay the national bank loans (194 million won, and the maximum debt amount on the register shall be KRW 180 million,000,000,000,000 for the members of the non-party union.” The F, etc. received the aforementioned proposal.
Accordingly, C, on June 17, 2008, entered into the “Loan Sales Contract” with F, etc. with the instant loan purchase price of KRW 490 million, and paid KRW 23 million to F, etc. on August 2, 2008 for settlement of accounts, and around that time, F, etc. received all necessary documents for the registration of transfer of ownership of the instant loan from F, etc.
And F et al. received a confirmation of the fact that they paid union contributions and union dues from C, receipts and sales contract for union members.
3) On August 30, 2008, the remainder payment date under the sales contract of the loan of this case, C did not complete the registration of ownership transfer, F et al., promptly completed the registration of ownership transfer of the loan of this case and urged H to grant the qualification of the non-party union member, and C et al. completed the registration of ownership transfer on April 30, 2009 for the loan of this case on April 17, 2009.