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(영문) 수원지방법원 2018.03.29 2017나63009
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B District Housing Association (hereinafter “Defendant Association”) is a regional housing association established for the purpose of the new construction project of D apartment (hereinafter “instant apartment”) at the Ilsung-siwon Co., Ltd. (hereinafter “instant apartment”).

Defendant Esti Co., Ltd. (hereinafter “Defendant Esti”) concluded an agency service contract for the instant project with the Committee for Promotion of Regional Housing Association (hereinafter “Promotion Committee”) that promoted the establishment of the Defendant Association on September 1, 2015.

B. On November 29, 2015, the Plaintiff entered into a contract with the Promotion Committee and the Defendant Esti to join the Defendant Cooperative and delegate all the business affairs of the instant project to the Defendant Esti. Defendant Esti to pay KRW 231,569,00,00 in total, as remuneration, KRW 17.6 million, and KRW 213,969,00 in total, to the Promotion Committee, and KRW 231,569,00 in total, to be paid to the Defendant Esti as remuneration, and entered into a contract with the Promotion Committee to enter into the district housing association (hereinafter “instant contract”).

C. On the same day, the Plaintiff paid 4 million won as down payment to the Korea Asset Trust Co., Ltd., as designated in the instant contract, and 11 million won as business promotion expenses to the law firm (YT) Tae Tae, as well as 4 million won.

The promotion committee was planning to build new apartment units of 658 households, but it was called E, F, G, and H land (hereinafter referred to as "four lots of land") in the case of e, F, G, and H land at the center of the project site in this case.

Since it was impossible to secure the business plan, 491 households were newly built on March 2016 and changed the business plan.

Accordingly, 101 apartment buildings in this case that the plaintiff had purchased were not constructed.

E. On April 15, 2016, a promotion committee announced its members, including the Plaintiff, of the holding of the inaugural general meeting and the modification of the project plan.

On April 23, 2016, the Plaintiff visited the promotion committee and consulted about the change of the business plan.

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