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(영문) 의정부지방법원 2018.02.22 2016가단103156
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from March 18, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The non-party B housing association (hereinafter “non-party B housing association”) is a regional housing association that obtained authorization for the establishment on January 8, 2009 for the purpose of the housing development project that constructs apartment buildings with the Seoul Jung-gu Seoul Central District Project District C as the project implementation district (hereinafter “instant project”). The Defendant is a company that succeeded to the business of D (hereinafter “non-party company”) selected as the initial execution agent around August 2013.

B. On May 11, 2011, the Plaintiff prepared an application for joining the “E” B Housing Association (hereinafter “instant application”), and on the same day, the Plaintiff signed and sealed the application with the Nonparty Company’s executor, the Nonparty Company’s executor, the Nonparty Company’s executor, and the completion Construction Company’s contractor as a partner of the partnership subscription agreement signed and sealed it.

(hereinafter “instant contract”). C.

At the time, the Plaintiff was notified by the Defendant’s employees of the fact that the establishment authorization was completed on January 2009, and around May 2010, the completion construction corporation was selected as a contractor and was scheduled to move in around 2014.

Under the instant contract, the Plaintiff deposited or paid KRW 20,000,000 on May 11, 201, 201 under the foreign exchange bank account, etc. in the name of a credit construction company, and KRW 1,00,000 on May 24, 2011, and KRW 20,000,000 on August 31, 201, and KRW 20,000 on September 23, 2011.

E. However, since March 2011, the representative director F of the non-party company, at the time, who did not smoothly raise funds for the instant business, had completed the recruitment of union members and the purchase of land for the instant business from among many persons who want to join the association through the sales consultation company, and was recruited as if there were no problems in the progress of the instant business. The plaintiff also concluded the instant contract by deceiving the end of the aforementioned fraudulent manner.

F. In fact, on September 12, 2013, the construction company, which completed the construction project, shall delay the authorization process due to the recruitment of members and the non-party company’s failure to secure land.

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