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(영문) 수원지방법원안양지원 2015.07.22 2014가단107435
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be admitted, either as a matter of dispute between the parties or as a whole, by taking account of the overall purport of the pleadings set forth in Gap evidence 1 to 6, 8, and Eul evidence 1 (including paper numbers):

The status of the parties is a regional housing association that carries out the business of constructing and supplying apartment units (hereinafter “instant apartment units”) of the F-area Housing Association (hereinafter “instant apartment”), which is an apartment unit on its ground during the Ansan-si period of time in accordance with the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003, and enforced November 30, 2003; hereinafter the same shall apply) with the land and 146 lots outside G, as its business site. The plaintiffs are the buyers who signed a sales contract with H (hereinafter “H”) as to some of the apartment units of the instant apartment units after selling their own land and buildings to the Defendant Association and providing their business site by selling them.

B. On June 2003, H’s representative director I (I, on April 27, 2007, death) promised to purchase the land and buildings owned by the Plaintiffs to be incorporated into the business site of the instant case and to allow the Plaintiffs to purchase one apartment bond (32 square meters) newly constructed by giving the Plaintiffs a membership qualification to the Defendant Union. The Plaintiffs sold the land and buildings owned by the Plaintiffs to H and received payment from H for the purchase price.

C. 1H as of the date of the establishment of the defendant association and the progress of its business, without acquiring the ownership of the land and building from the plaintiffs, constitutes the defendant association with the first 30 members, and designated H as an agent to act on behalf of the whole business of the association, and subsequently applying for authorization to establish the association.

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