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(영문) 수원지방법원 성남지원 2017.01.18 2015가합204225
수분양자지위확인의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2007, the defendant is a housing association which is established with 341 members of the association in order to promote the housing construction project (hereinafter “the instant project”) with the members of the D Day as a project implementation district. The wide area of the corporation (hereinafter “large area”) is the defendant’s execution agent, and the central construction company (hereinafter “central construction”) is the contractor.

B. Since the process of the establishment of the instant project, broad areas of the project carried out the tasks such as securing the project site and inviting union members. In the process of promoting the instant project, the demand for refund of union membership fees and pressure on repayment of the principal and interest of existing creditors became difficult rapidly due to the lack of financial circumstances. (ii) To secure the business and operating funds, a loan amounting to approximately KRW 180 billion is granted under the guarantee of the central construction of the contractor from April 2007 to February 2008 under the guarantee of the contractor from the central construction of the contractor. On the other hand, in order to secure the business and operating funds, a member who withdraws from the association or renounces the sale of an apartment unit to transfer the so-called "share of the cooperative members" to an unqualified investor. At the same time, the said investor sold the apartment unit at approximately 60% of the sales price of the apartment unit and, instead, the apartment unit was collected in advance in the form of the project being carried out.

3) The wide area of the instant project was conducted on behalf of the Defendant on December 5, 2008, with the approval of the housing construction project on June 26, 2009, with the completion of the construction report filed on June 26, 2009. However, around June 2010, the central construction, a contractor, entered the workshop, and the instant project was completely suspended. (C) On February 1, 2008, the Defendant entered into a contract for the supply of the instant apartment housing with E, a member of the Defendant, and Hanam-si, Seoul Special Metropolitan City (hereinafter “the instant apartment”).

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