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(영문) 광주지방법원 2018.08.30 2017가합58712
청구이의
Text

1. The defendant's notary public against the plaintiff was a law firm in 2016, No. 1927.

Reasons

1. Basic facts

A. According to the Housing Act, the Plaintiff is a regional housing association established to newly build an apartment in Seo-gu, Seo-gu, Gwangju pursuant to the Housing Act, and obtained authorization for the establishment of the head of Seo-gu, Gwangju on June 29, 2015. The Plaintiff’s members are 147 (Evidence 3 and 7) Company D (hereinafter “D”) is a company that provides real estate consulting, etc.

(Evidence A No. 4). D was entrusted with the sale of apartment units to be newly built by the plaintiff.

3) From June 29, 2015, E was the head of the Plaintiff’s association, but was removed from office on December 16, 2016 (Evidence 3), and the Plaintiff expelled E on July 25, 2017 (Evidence 6, No. 38). E worked as D outside directors from October 27, 2014 to August 26, 2016 (Evidence 4) (Evidence 1, Dec. 15, 2015). The Defendant acquired the Plaintiff’s membership status by means of the broker of Licensed Real Estate Agent F on December 14, 2015.

(B) From December 14, 2015 to December 15, 2015, the Defendant: (a) paid in cash the sales price of KRW 186,50,000 to E, who was the head of the Plaintiff’s association (F’s testimony, No. 1 evidence No. 1); (b) On December 15, 2015, the Defendant concluded the instant apartment sales contract with the Defendant on December 15, 2015, by giving the Defendant a certificate of the sales contract with the Defendant that “The Defendant paid in full the sales price of the instant apartment at KRW 186,50,000, the initial apartment at KRW 102,90 (hereinafter “instant apartment”) to be newly built by the Plaintiff.”

(hereinafter “instant sales contract” (hereinafter “instant sales contract”) (No. 1-6). The Plaintiff’s certificate of full payment is stamped with the seal of the Plaintiff’s president E and H’s representative director.

In addition, on December 15, 2015, the Plaintiff and D are the Defendant: ① par value of KRW 186,500,000; ② payment at sight of the due date ③ the place of issue, payment, and payment.

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