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. Basic facts
A. Sungnam-si, Korea Land Corporation, and Korea National Housing Corporation, which are the executing company of the Housing Site Development Project (hereinafter referred to as the “instant project”), selected the recipients of the cost of living countermeasures as part of the compensation measures for housing site development, and supply neighboring commercial sites or neighborhood living facilities to them.
B. Accordingly, the “F Association” was established for the purpose of distributing the profits to the members after acquiring and disposing of the neighboring commercial sites, etc. supplied to them as members of the persons selected as those eligible for livelihood measures, and then distributing the profits to the members of the F Association (the G Association was formed from each commercial building to be constructed as the instant business).
C. After obtaining information on the above living countermeasure site from the defendant, the plaintiff A, under the name of himself or herself or herself, transferred the plaintiff's total of KRW 105,00,000 to the defendant's account under the name of himself or herself, KRW 8 of the living countermeasure site in the name of J, KRW 6 of the living countermeasure site in the name of K, and KRW 134,000,000 to the defendant's total of KRW 134,00,000 from July 207 to October 2007.
【Uncontentious facts, Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1, 2, 3 and 7 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1 Plaintiffs’ assertion on the determination of the claim for the refund of the purchase price on the ground of impossibility of performance falls under the parties who sold the rights of association members to the Plaintiffs. Since the above rights of association members are prohibited from resale, and thus, the sales contract on the rights of association members is impossible to be performed, the Defendant shall pay the purchase