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1. The Defendant’s KRW 69,624,00 for the Plaintiff and 5% per annum from March 24, 2008 to June 14, 2012.
Reasons
1. Facts of recognition;
A. On July 5, 2007, the Defendant entered into an agency contract with C Co., Ltd. (hereinafter “C”) and Dongjak-gu Seoul Metropolitan Government District Housing Association Project (hereinafter “instant implementation agency contract”), and delegated the authority on the land purchase, authorization, permission, management of contributions, recruitment of union members (resident and general sale).
B. On September 3, 2007, C purchased land and buildings within the said project district from the Egypt Association (hereinafter “Egypt Association”), and agreed to supply to Egypt Association a copy of the apartment sale right (hereinafter “instant apartment sale right”) owned by C, separate from the purchase price.
C. Around March 24, 2008, the Plaintiff decided to acquire the instant sales right from C from Ehhys, and paid 43 million won for sales right to Ehys. On the same day, the Plaintiff entered into an agreement with C representing the Defendant to enter into an association with the amount of KRW 561,240,000 as the object of the instant sales right, and paid 69,624,000 among the members’ contributions (hereinafter “instant agreement”) to C.
Since C failed to properly perform its obligations under the instant enforcement agency contract, the Defendant notified C of the termination of the enforcement agency contract on April 21, 2010, and the said declaration of intent reached C around that time.
E. The Defendant terminated the instant agency contract, thereby making it impossible for C to transfer the sales right of the instant case owned by C to the Edics Association, and Edics Association was unable to transfer the said sales right to the Plaintiff. Accordingly, the Plaintiff expressed his intent to cancel the instant agency contract to the Defendant and C, and the said declaration of intent reached the Defendant and C.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including virtual numbers) and the purport of the whole pleadings.