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On December 29, 2015, this Court approves the final claim inspection judgment of 2013da1834 dated December 29, 2015.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On August 6, 2007, the defendant is a housing association established with 341 members of the association in order to promote the housing construction project (hereinafter “the instant project”) with the members of the C Headquarters as a project implementation district. E (hereinafter “E”) is the defendant’s execution agent, and the central construction (hereinafter “central construction”) is the contractor.
B. 1) Since the process of the establishment of the instant project, E performed the work of securing the project site and inviting union members. During the process of promoting the instant project, E demanded the refund of union membership fees and pressure on the repayment of the principal and interest of existing creditors to withdraw from the association, making it difficult to rapidly make financial circumstances difficult. (2) In order to secure the business and operating funds, E obtained loans worth approximately KRW 180 billion under the guarantee of central construction, a contractor, from April 2007 to February 2, 2008.
In addition, E has arranged to transfer the so-called --called ----called --------------brea area for sale to an investor who is not qualified as a member of the association, and at the same time, purchased apartment at a level of about 60% of the apartment sales price and collected funds in advance in the course of the project in which the project in this case is being carried out.
3) On December 5, 2008, E performed the instant project on behalf of the Defendant, including obtaining a housing construction project approval on December 5, 2008, and obtaining a report completion certificate on the commencement of construction on June 26, 2009. However, around June 2010, the central construction, a contractor, entered the workshop and completely suspended the instant project. (C) On November 30, 2007, the Defendant concluded a contract for the supply of the instant apartment with F, a member of the Defendant, to supply the instant apartment (hereinafter “the instant apartment”).