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(영문) 서울동부지방법원 2015.01.23 2014나2336
원상회복청구 등
Text

1. Of the judgment of the court of first instance, the part regarding Defendant B-Housing Association and Defendant Chang-Tech Co., Ltd shall be revoked.

Reasons

1. Basic facts

A. Defendant B’s regional housing association (hereinafter “Defendant Association”) obtained authorization to establish an association around March 2008, and promoted a new construction project of “D” composed of 4 apartments and its ancillary and welfare facilities in Mapo-gu Seoul Metropolitan Government C.

Defendant Chang CC Co., Ltd. (hereinafter “Defendant Chang CC”) is an executing agent who entered into a service agreement with the Defendant Association, the executor of the said new construction project, and the Defendant Chang C&C Co., Ltd. (hereinafter “Defendant Construction”) entered into a contract for construction works with the Defendant Association and the Defendant Chang C&C around July 2008.

B. On October 4, 2011, the Plaintiff entered into an agreement on the membership of the Defendant Union and the Plaintiff to purchase one bond (102 Dong 1604) in an apartment unit (102 Dong 1604) to be newly constructed after having joined the Defendant Union, and entered into an agency agreement with the Defendant Chang-Kc on behalf of the Defendant Chang-Kc on behalf of the Defendant, and the completion construction of the Defendant affixed the said agreement on the status of the contractor.

(hereinafter “instant contract”). C.

The Plaintiff’s contribution stipulated in the above contract is KRW 498 million (the contract amount of KRW 35 million, the intermediate payment of KRW 413.2 million, the remainder of KRW 49.8 million, and the Plaintiff paid KRW 15 million in addition to the contributions.

Accordingly, the Plaintiff transferred the same day down payment and business promotion expenses to the deposit account in the name of Defendant Construction in the name of Defendant.

[Reasons for Recognition] Evidence No. 1-1, 2, 3, A-2, 3, Evidence No. 4-1, 2, Gap-5-1, 2, Eul-1, 4, and the purport of the whole pleadings

2. The plaintiff's assertion is selectively asserted as follows. A.

After the conclusion of the instant contract, the Defendant Union terminated the loan contract entered into with the Dongyang-gu Deposit, the contract for construction works entered into with the Defendant Credit Construction was terminated, and the representative director of the Defendant Chang C&C was fraudulent.

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