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(영문) 서울남부지방법원 2015.06.11 2014나11623
입회금반환
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s conjunctive claim against the Defendants added at the trial.

Reasons

1. Facts of recognition;

A. On July 16, 2002, Sung Jind Co., Ltd. (hereinafter “Majind Co., Ltd”) opened a project presentation to remove existing houses and build new apartments (hereinafter “instant apartment project”) against owners of the housing in Yangcheon-gu Seoul, Yangcheon-gu, Seoul (hereinafter “instant project site”) and began to purchase the instant project site, and E Co., Ltd (hereinafter “E”) began to purchase the instant project site to build new apartments in the instant project site around that time.

B. G and P participated in the above apartment project, and established the company H (hereinafter “H”) with whom the profit was generated, and subsequently purchased part of the land in the project site and made a joint registration. On September 2002, E, one of the above apartment project promoting companies, on the ground that the above joint registration was completed, on the ground that E had been completed on September 2002, stating that “E would not have funds to purchase the project site, and H would provide KRW 6 billion.” In this context, H would change 200 apartment sales right to be newly constructed in return, and expressed its intention to participate in the project. As such, I and I concluded a sales agency contract with H to provide “the recruitment of members in connection with the apartment project executed by H” to “the recruitment of members in connection with the apartment project executed by H”.

C. G and P made 200 units of the right to purchase a site with 200 units of the right to purchase a site and sold 30 million won of the purchase of the site in G, P and P made 6 billion won of the purchase of the site. On September 18, 2002, real estate brokers G, P and P agreed that the purchase of the site will be conducted by G, P and P, and the purchase of the membership rights shall be sold in KRW 30 million through the neighboring real estate brokerage office, and real estate brokers agreed that P, etc. shall have the right to purchase in excess of the amount received. Accordingly, real estate brokers shall have the right to purchase.

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