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(영문) 서울남부지방법원 2019.01.30 2016가단263151
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C was the owner of the instant land and the building on which the instant land and the building were located, as the said land and the building were incorporated into the E Housing Site Development Project (hereinafter “instant project”), and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) acquired the right to be supplied with the land for daily countermeasures (commercial site) 27 square meters from the land for residential development (hereinafter “instant land”).

B. On November 207, the Defendant purchased the instant number of tickets from C in the name of husband F, and held the said right. Around November 2007, the Defendant sold the instant number of tickets to the Plaintiff who found the Defendant with the introduction of G, at KRW 32 million. The Defendant issued all documents related to the instant number of tickets, including a contract for succession of rights and obligations with the name and seal affixed thereto, a contract for succession of rights and obligations, a contract for the sale of commercial membership certificates, a contract for the transfer of a certificate, a revocation of rights, and a certificate of personal seal impression, etc.

C. On the other hand, around December 2009, H was established with the head of the association as the head of the association in order to purchase the land for livelihood measures from the non-party corporation. After joining the above association in the name of C, the Plaintiff deposited KRW 8.92 million with H on December 31, 2009 after becoming a member of the association.

H paid a total of KRW 14,400,000,000 to Nonparty Corporation, including KRW 100,000,000,000 on January 28, 2010 and KRW 4,000,00,000 on February 1, 2010, in order to purchase J land within the instant project zone from its members, but it failed to prepare the total amount of KRW 214,564,20,00, and thus, did not reach the conclusion of the sales contract with Nonparty Corporation.

E. Although the non-party corporation was scheduled to supply a land for livelihood countermeasures (commercial sites), the non-party corporation completely sold the land for which the sales contract was not concluded because it did not have the applicant or it did not constitute an association, by converting the land into the general supply portion, and the above KRW 144 million paid by the I association was refunded to the said association on April 26, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 respectively.

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