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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. The plaintiff is a construction company mainly for the housing construction project. The defendant association is a housing association that implements a new project of the local housing association (hereinafter referred to as "the project of this case") at the 378-1 Won-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yan-dong, Yan-dong, Yan-dong, Yannam-gu, and the defendant company is an agent of the
The Defendant Cooperative was established through the inaugural general meeting on July 22, 2015, and prior to the establishment of the Defendant Cooperative, the Promotion Committee of the Regional Housing Association of the 3rd Myun (hereinafter referred to as the “Promotion Committee”) promoted the instant project.
B. The instant promotion committee was organized around January 2015, and the Plaintiff was selected as the prospective contractor for the instant project, and was paid by the Plaintiff the project funds necessary for the promotion of the instant project, including expenses for remodeling, authorization and permission, and taxes and public charges of the Housing Exhibition Center.
C. Meanwhile, on September 26, 2014, the Plaintiff: (a) leased the instant land as KRW 150 million per year from September 26, 2014 to September 25, 2015 (including value-added tax and value-added tax, KRW 165 million per year from September 26, 2014; and (b) newly constructed a housing exhibition center (hereinafter referred to as “instant housing exhibition center”) on the said land as the housing exhibition center (hereinafter referred to as “instant land”) on September 26, 2014 to build a new housing exhibition center.
The instant housing exhibition officer was used by the district housing association for the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as