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(영문) 서울고등법원 2015.05.21 2013나48168
약정금반환 등
Text

1. Among the instant lawsuits that were changed in exchange at the trial, the “principal of the reported bond” column for each plaintiff in the attached list shall be stated respectively.

Reasons

Basic Facts

B Regional Housing Association (hereinafter referred to as the “former Housing Association”) was dissolved when it carries out a housing construction project as a project implementation district of the subordinate City/Do. A Regional Housing Association was newly established for the purpose of carrying out a housing construction project with the said one as a project implementation district. On August 6, 2007, it obtained authorization for the establishment of a housing association from the subordinate City/Do on August 6, 2007, and E (hereinafter referred to as “E”) was jointly carried out with the said association from the stage of the establishment of a Regional Housing Association of the Gu as an agent for carrying out the project of the Gu.

Upon joining the Gu Association, the Plaintiffs paid the application amount indicated in the “amount” column to E as of the date indicated in the “date of payment” column in the attached list to E, and withdrawn from the Gu Association or the Gu District Housing Association (part of the Plaintiffs joined the Gu Association and the District Housing Association as well as the A District Housing Association) from around 2005 to around 2010.

An audit report on a regional housing association A states that the said association is liable for the loans of KRW 9,011,661,244 (hereinafter “instant loans”) to E as of March 5, 2009.

E is much more liable than assets if E excludes the instant loan claim of KRW 9,011,661,244 against the instant regional housing association as stated in the audit report.

On the other hand, on June 24, 2013, when the first instance court was in progress, the Seoul Central District Court decided to commence rehabilitation proceedings with respect to the A Regional Housing Association as 2013 Gohap103, and appointed the defendant as the manager of the A Regional Housing Association on the same day.

(2) On July 18, 2013, the Plaintiffs, in subrogation of E during the instant rehabilitation procedure, delivered the principal of the reported claim and a copy of the complaint of this case to A Regional Housing Association on July 18, 2013.

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