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(영문) 서울북부지방법원 2018.11.07 2017가합28362
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The J District Housing Association (hereinafter “instant association”) is a housing association established for the housing project of the Jung-gu Seoul Metropolitan Government K (hereinafter “instant project”) and the Plaintiffs were paid contributions for the instant project by joining the instant association from 2011 to 2016.

B. On March 15, 2011, the instant association entered into a real estate purchase contract (hereinafter “instant service contract”) with L Co., Ltd. (hereinafter “L”) to delegate the purchase business of land, etc. necessary for the instant project, and L performed the business of purchasing real estate within the instant service area from around that time.

C. On August 12, 2013, the instant association entered into a contract with M Co., Ltd. (hereinafter “M”) on the delegation of administrative affairs, recruitment of union members, etc. to M. Accordingly, M was working as the agent of the said association from that time.

On September 3, 2015, the instant association was unable to promote the instant project upon the revocation of authorization from the head of the Seoul metropolitan Government, and the Plaintiffs filed a lawsuit against the instant association under the Seoul Northern District Court 2017Gahap21347, Plaintiff C, D, E, F, G, and H with the Seoul Northern District Court 2017Gahap21569, and received a favorable judgment.

As of December 29, 2017, the Plaintiffs received dividends from part of the claims under the above judgment in the auction procedure, etc., and had the same claim as the claim amount stated in the attached Form against the instant association.

E. On July 6, 2007, the Defendant: (a) registered the ownership transfer of the N and its ground buildings (hereinafter “real estate 1”); (b) on May 8, 2014 with respect to the portion of 15/38 out of the O land and its ground buildings (hereinafter “second real estate”); and (c) on October 30, 2015, with respect to the portion of 10/38 out of the 2nd real estate.

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