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(영문) 서울고등법원 2018.08.17 2018나2013163
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

Basic Facts

The Plaintiffs purchased the right to purchase and resell the sale of the housing site in the K Housing Site Development Project (hereinafter “instant project”) executed by the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) in order to acquire gains from the resale of the housing site and resale of the housing site development project.

The Plaintiffs deposited KRW 304,500,000 from May 2005 to April 2006, and KRW 300,500,000 in the account in the name of Defendant D co-Defendant E, respectively.

Defendant D is above B.

As in the same paragraph, L, M, N, etc. purchased the right to purchase the land for livelihood countermeasures in the K Development District from L, M, N, etc. and prepare documents necessary for resale.

As above, since the purchase of the right to sell lots, the right to sell lots has not been resold until two years have passed, and since December 2008, the defendant D established the redevelopment association with the above number of buyers as its members, and proposed the method of obtaining profits from the construction of commercial buildings by purchasing the land directly from the Korea Land and Housing Corporation through the above redevelopment association, and the plaintiffs consented thereto.

Around December 5, 2008, Defendant D, as its representative, established a redevelopment association, which is a redevelopment association, with 36 members of the Korea Land and Housing Corporation, including theO selected as the subject of the establishment of livelihood measures by Korea Land and Housing Corporation in connection with the instant project as its representative and consisting of 36 members.

On December 30, 2008, the G Union entered into a sales contract with the Korea Land and Housing Corporation and the said Corporation (hereinafter “instant sales contract”) with respect to the purchase price of KRW 2,725,430,000 with respect to the land of this case, which is the land for livelihood measures to be supplied by the said Corporation in connection with the instant business.

The Plaintiffs shall pay the down payment to the G Union under the instant sales contract on December 30, 2008.

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