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(영문) 서울고등법원 2019.07.12 2018나2071053
매매대금반환
Text

1. Revocation of the first instance judgment.

2. The defendant shall state to the plaintiffs the "personal fee sheet" in attached Form 1.

Reasons

1. Basic facts

A. Status 1 of the parties to the case

) The Seoul Jung-gu V Housing Project (hereinafter referred to as the “instant Project”) shall be the “instant Project Area,” including the Seoul Jung-gu V Group.

(2) The instant association entered into a real estate purchase contract with L Co., Ltd. (hereinafter “L”) on March 15, 2011, which delegated the purchase of land, etc. necessary for the instant project, and L performed real estate purchase business within the instant business area from around that time.

3) The instant association is M Co., Ltd. (hereinafter “M”) on August 12, 2013.

Between B and B, the above union entered into a contract that delegates M with administrative affairs, recruitment of union members, etc. Accordingly, M was active as an agent of the above union since that time.

B. On September 3, 2015, the instant association could no longer promote the instant project upon revocation of the authorization to establish a housing association from the head of Jung-gu Seoul Metropolitan Government. Accordingly, against the instant association, Plaintiff C, D, E, F, G, and H filed each lawsuit for damages damages claim with the Seoul Northern District Court No. 2017Gahap21347, Plaintiff C, D, E, F, G, and H were sentenced to each winning judgment by filing each lawsuit for damages claim with the same court No. 2017Ga21569.

Plaintiff

The remaining plaintiffs, except A and B, receive dividends in the amount corresponding to the “distribution” column in attached Table 1 in the auction procedure in which the instant union became the debtor at the time of the said judgment, but did not receive any payment of all the above claims. As at the time of December 29, 2017, the Plaintiffs are in the form of “personal amount” as to the instant union as of December 29, 2017.

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