beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. The Plaintiff is a regional housing association under the Housing Act established to promote a housing construction project (hereinafter “instant project”) that newly constructs multi-family housing in Changwon-si and one hundred and seventy-six parcels (D block; hereinafter “instant project site”).
B. From June 2012, 2012, before obtaining authorization to establish the association, the Plaintiff promoted the instant project as a promotion committee of the A Regional Housing Association (hereinafter “Plaintiff Promotion Committee”), and the E Company vicariously performed the duties of the Plaintiff Promotion Committee.
E Company changed its trade name to F Co., Ltd. (hereinafter “E”) without distinguishing E Co., Ltd. and F, and the Plaintiff delegated all of the business affairs of the instant case to Nonparty Co., Ltd. on April 25, 2014, and the Nonparty Co., Ltd concluded an agency service contract on behalf of the Plaintiff.
C. From July 2012, the Defendant, upon receiving a request from the Plaintiff and the Nonparty Company for the purchase of the instant project site, concluded a pre-sale agreement with the owners of the said site and paid the down payment.
After the establishment authorization of the Plaintiff, the Defendant concluded a DBL collective land substitution service contract with the Plaintiff (hereinafter “instant service contract”) around May 2014, and performed the same service. The main content of the contract is to secure the instant project site for the Plaintiff, and the Plaintiff pays KRW 1.4 billion to the Defendant.
The Plaintiff, a trust company, requested Nonparty G (hereinafter “trust company”) to pay funds to the Defendant in accordance with the instant service agreement, and when the trust company pays the above service fees to the Nonparty Company, a trust company, the agent of the Plaintiff, the Nonparty Company, by paying the above service fees to the Defendant. The Plaintiff’s service fees totaling KRW 1.44 billion on May 22, 2014, and KRW 960 million on December 8, 2014, are KRW 1.4 billion on the part of the Defendant.