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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a regional housing association under the Housing Act established for the purpose of the development project of the Cheongju E District Urban Development Zone. 2) Defendant B was the chairperson of the Plaintiff’s promotion committee and was the president of the Plaintiff’s association from April 29, 2016 to November 18, 2016.
Defendant C is the representative director of Nonparty F Co., Ltd. (hereinafter “F”), who is the agent of the Plaintiff Union.
3) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”)
Co-representative: Defendant C and Defendant C are companies established by each of 50% shares for development projects of H district urban development zones located immediately adjacent to the Plaintiff’s association’s urban development zone, and the Defendant Company is currently selected as an executor of H district and is under construction of I apartment complex. B. The Plaintiff Association Promotion Committee, Plaintiff’s agent F, and Plaintiff’s trust agent (hereinafter “J”).
) On August 5, 2015, upon entering into a fund management agency contract, the Plaintiff Union’s promotion committee received, reviewed and consented to a request for funds execution with documentary evidence from F, and then submitted it to J, the J would examine the request for funds execution and pay it to F after determining whether to execute the funds. C. The Defendant Company, on December 29, 2015, submitted the request for funds execution to the Plaintiff Company. The Defendant Company, on December 29, 2015, paid the Cheongju-gu K and L land (hereinafter “instant real estate”).
A) The owner of the instant real estate and the Defendant Company concluded a sales contract to purchase the instant real estate as the buyer, and if the subject matter of the sale is excluded from the urban development project area (project site), the sales contract is invalid, and the paid down payment is to be returned in full (Articles 2 and 5 of the contract).
Plaintiff
On December 28, 2015, the Promotion Committee of Cooperatives requested the J to pay KRW 262,312,500 of the instant real estate deposit, and the J deposited money requested to F on December 29, 2015.
The defendant company is K. of the real estate of this case on the same day.