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(영문) 서울고등법원(춘천) 2020.09.09 2019나51367
계약금 등 반환 청구의 소
Text

1. The Intervenor’s motion for the Intervenor’s participation is permitted.

2. All appeals filed by the Defendant against the Plaintiffs.

Reasons

1. Basic facts

A. (1) (tentatively referred to as the “Promotion Committee”) of the Regional Housing Association of Korea (hereinafter referred to as the “Promotion Committee”).

The purpose of the establishment of the Defendant is an organization established for the establishment of the Defendant, and the Defendant is an organization established for the establishment of the Defendant through the inaugural general meeting on May 26, 2017, and the Sinsi-si R (hereinafter “instant project site”).

(1) a housing construction project (hereinafter referred to as “instant project”)

(2) A joint defendant corporation of the first instance trial (hereinafter “joint defendant corporation of the first instance”) is an agent who has entered into an agency contract with the promotion committee in relation to the instant business as a company for the purpose of housing construction and sales business, and S is the representative director of the said company.

B. 1) A promotion committee and a joint defendant company of the first instance trial had recruited members of the instant project site in early 2017, and had already secured at least 95% of the instant project site. Since the number of union members required under the Housing Act (at least 50% of the number of union members scheduled for the housing construction) was secured, there was no problem in obtaining authorization for establishment and approval for project plan. 2) The Plaintiffs concluded each agreement to enter into the instant association (hereinafter referred to as the “instant agreement”) with the Plaintiff E andO, in the relevant column in the table column in the table column in the attached Table column in the P regional housing association among the apartment in the attached Table column in the attached Table column in the P regional housing association, that the Plaintiff becomes a member of the promotion committee or the Defendant and the Defendant are being a member of the promotion committee and the Defendant, as indicated in the corresponding column in the attached Table column in the attached Table column, and the remaining Plaintiffs paid and received the share of KRW 216,800,000 (hereinafter referred to as the “instant agreement”).

3 When entering into a promotion committee or the defendant's contract with the plaintiffs to enter into the partnership with the plaintiffs on June 10, 2017.

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