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(영문) 전주지방법원 2019.10.11 2018나4898
대여금 반환청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The defendant is a regional housing association established for the purpose of building and selling apartment buildings (hereinafter referred to as "the apartment of this case") in the unit D of Gunsan-si. The plaintiff A is the representative of the non-party E Co., Ltd. (hereinafter referred to as "non-party E") who performed the sale of the above apartment, and the plaintiff B is the F, the head of the non-party company's sales team.

B. The Defendant recruited at least 50% of the number of households scheduled to be constructed in order to obtain authorization for the establishment of the association. As such, the non-party company intended to recruit the members of the association who do not want to sell the apartment of this case and secure the number of members necessary for the authorization for the establishment of the association.

(Real Time does not want to sell the apartment of this case, but in order to secure the number of association members required for authorization to establish the association, the non-party company recruited by the non-party company (hereinafter “the non-party company’s association members”). The Gunsan Mayor decided to grant authorization for the establishment of the defendant on January 17, 2012, and at the time, the number of the defendant’s association members was 266 members exceeding 449 households.

However, among the above 266 persons, the non-party company was recruited by the non-party company.

C. From the account in G’s name, the Defendant’s funds management company deposited KRW 20,00,000 on August 26, 201, and KRW 34,00,000 on October 1, 201, respectively.

Plaintiff

B transferred KRW 24,00,000 to an account under the name of the I stock company on April 20, 2012.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1, 3 through 5, and 9 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff A 1 borrowed money from G for the purpose of selling the apartment of this case sold by the Defendant Cooperative to deposit KRW 12.5 million as the first down payment.

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