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(영문) 서울동부지방법원 2017.11.16 2017가합100749
손해배상(기)
Text

1. Defendant D:

A. 15,00,000 won and 5% per annum from January 22, 2016 to November 16, 2017 to Plaintiff A.

Reasons

Basic Facts

The F Housing Association (hereinafter referred to as the “instant Association”) is a housing association established for the housing projects of the Jung-gu Seoul Central Government G G G (hereinafter referred to as the “instant housing projects”).

Defendant D is the representative director of H (hereinafter referred to as “H”) and the actual owner of I (hereinafter referred to as “I”). Defendant E is a person who completed the registration of transfer of ownership in his/her name with respect to the share of 15/38 square meters (hereinafter referred to as “one piece of land”) of KJ large-scale 234.3 square meters (hereinafter referred to as “one piece of land”) on July 6, 2007. Defendant E is a person who completed the registration of transfer of ownership in his/her name with respect to the share of 15/38 square meters (hereinafter referred to as “second piece of land”) on May 8, 2014.

H entered into a real estate purchase services agreement with the instant association on March 15, 201, under which the instant association and the instant association agreed to purchase land, etc. necessary for the housing project, and worked as an agent of the said association around that time.

Since then, between the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and I on August 12, 2013, the instant association entered into a land trust agreement on the said association’s fund management business, and entered into a fund management agency agreement on the delegation of the said association to I for each of the above association’s administrative affairs, and the solicitation of union members. Accordingly, I acted as the agent of the said association around that time.

On the other hand, on May 10, 2010, the said association entered into a contract for construction works with a stock company (hereinafter “water construction”) in relation to the instant housing project.

Plaintiff

A On March 18, 2011, Plaintiff B applied for membership of the instant association on July 8, 2015, and Plaintiff C on February 20, 2014, respectively.

Accordingly, upon the payment of contributions, etc. due to the above member's accession, Plaintiff A paid 65 million won to June 23, 201, Plaintiff B paid 50 million won to Plaintiff B until September 18, 2015, and Plaintiff C paid 50 million won to the account in the name of land trust or completion construction, etc., respectively.

Each of the above.

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