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(영문) 의정부지방법원 고양지원 2021.02.19 2019가단92069
기타(금전)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 24, 2009, Pakistan published a proposal for a private development project in order to promote an urban development project in the vicinity of the E- granted zone (hereinafter “instant urban development project”) with the size of 99,622 square meters in the area where the project is implemented, based on the “Special Act on Support for Areas, etc. adjacent to the usfk granted zone” (hereinafter “the instant urban development project”).

B. Thereafter, on October 27, 2009, Pakistan selected F Co., Ltd. (hereinafter “F”) as an implementer of the project, and on September 12, 2014, approved F’s implementation of the project (the designation of an urban development zone, the formulation of a development plan, and the designation of a project implementer).

(c)

Defendant (tentative name) B Regional Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) is an organization established pursuant to the Housing Act and the Enforcement Decree of the same Act for the purpose of carrying out a new public housing project (hereinafter “instant project”) within 41,894m2 (hereinafter “instant project site”) in Pakistan-si, Seoul Special Metropolitan City (hereinafter “instant project site”) among urban development projects implemented by the F, and the Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is an agent of the Defendant Promotion Committee.

(d)

On July 1, 2017, the Plaintiff entered into an agreement with the Defendant Promotion Committee to enter into an association (hereinafter “instant agreement to enter into an association”) with the content that the Defendant Promotion Committee may establish in order to purchase one apartment unit of an apartment unit of a regional housing association to be newly constructed according to the instant project, and thereafter paid KRW 32,80,000 to the Defendant Promotion Committee from that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 22, Eul evidence No. 1 (including all numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was: (a) at the time of entering into the instant association membership agreement, the Defendants deceiving the Plaintiff to secure land at a rate of 100% even if the land for the instant project was not secured; and (b) the sequence 365 as to the designation sequence of the said number.

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