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(영문) 수원지방법원안양지원 2016.09.09 2015가단106170
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of basic facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 8, Eul evidence Nos. 1 and 2 (including paper numbers):

The defendant is a regional housing association that carries out the business of constructing and supplying B-house apartment (hereinafter "the apartment of this case") on the land outside C and 146 lots of land during Ansan-si under the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003 and enforced November 30, 2003; hereinafter the same shall apply). D is a buyer who has concluded a sales contract for the apartment of this case with E Co., Ltd. (hereinafter "E"), an executing agency for the defendant and the defendant, and the plaintiff is a legal spouse of D.

B. On June 2003, the representative F of E’s promise to provide a business site, such as D, and to qualify as a partner, promised to purchase the land and buildings from the landowners in the project site, including D (hereinafter “D, etc.”) in order to secure the project site of this case, and, in return, to grant the defendant’s membership qualification to D, etc., to purchase the newly constructed apartment bonds by giving the defendant’s membership qualification, and D, etc. sell the land and buildings under their possession to E and received the payment of the purchase price from E.

C. The defendant's establishment and business progress 1 E were established with the first 30 members without the ownership of land and buildings transferred from D, etc., and the association rules was established with the contents of designating E as an agent to act on behalf of all the partnership affairs, and the association was approved on November 29, 2003, and an application for authorization for establishment of the association was made with the defendant on the same day, and the business service contract was prepared between the defendant and the defendant, and the G with the financial director of E at the time.

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