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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Defendant is a redevelopment project partnership established with landowners, etc. as its members in order to implement a redevelopment project on the 92,618㎡ of Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul (hereinafter “instant project”). The Defendant obtained authorization to establish a partnership on August 11, 2006 and obtained authorization to implement the project on October 30, 2007.
On July 7, 2005, the Plaintiff purchased 26.68/153 shares in Seongdong-gu Seoul Metropolitan Government D, 153 square meters, and part of the brickd roof on the above land, and multi-household houses with the second floor of 39.69 square meters (hereinafter referred to as “original real estate”), among multi-household houses with the second floor of the above land, and completed the registration of ownership transfer on the above original real estate on August 2, 2005.
In 2007, the Plaintiff called the Defendant’s general secretary E (However, it is the Plaintiff’s external relative relationship, and the Plaintiff and E want to be allocated a 33 square meters (exclusive use area of 85 square meters) to the Defendant’s general secretary for the police officer, and asked the Plaintiff to purchase the additional purchase of the real estate if E wishes to purchase the additional 33 square meters.
Upon the recommendation of E, the Plaintiff purchased from F on November 9, 2007 the shares of 37.92/193.7 square meters in Seongdong-gu Seoul Metropolitan Government G (hereinafter “additional shares”) included in the instant project site, and completed the registration of ownership transfer with respect to the said shares on December 14, 2007.
E. After the management and disposal plan regarding the instant project was approved, the Plaintiff, as the Defendant’s member, entered into a sales contract with the Defendant and Samsung C&T Co., Ltd., the implementer of the said reconstruction project on November 6, 2009, under which the Plaintiff purchased an apartment unit of 111/10 and 104 units of the Seongdong-gu Seoul, Seongdong-gu, Seoul (84Appp. 84Ap.).
In the process of sale, the original real estate of the Plaintiff was assessed as KRW 89,70,00 for the original real estate and additional shares as KRW 99,350,60 for the original real estate, and the value of the Plaintiff’s investment was KRW 189,050,60 for the original real estate and KRW 111-dong 104