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(영문) 서울중앙지방법원 2014.02.14 2012가합82164
손해배상(기) 등
Text

1. Defendant C: (a) KRW 110,00,000 for Plaintiff A and 5% per annum from January 7, 2014 to February 14, 2014; and (b)

Reasons

1. The following facts of the recognition do not conflict between the parties, or may be found in Gap evidence 1 to 12 (including each number, if any; hereinafter the same shall apply) and Eul evidence 1 to 14 together with the overall purport of the pleadings, and there is no counter-proof otherwise.

The G Housing Association (the foregoing association was incorporated into the H Housing Association, and the combination before and after its incorporation was referred to as the “instant association”) was established to promote the collective housing project by setting the first unit of Dongjak-gu Seoul Metropolitan Government as the business area. The members of the said association held the status of purchasing an apartment unit to be constructed for the said collective housing project.

B. Defendant C, a member of the instant association, around May 2008, intends to transfer the right to purchase an apartment unit built by the said association in the future to the Plaintiff’s member status (i.e., KRW 220,000,000,000, in total, together with the right to purchase the apartment unit built by the said association as a member of the instant association (i.e., KRW 180,000,000,000) (hereinafter “contract for the transfer of the right to sell the unit”) around May 208.

(2) On May 26, 2008, the Defendant C entered into an agreement with the Plaintiff to pay KRW 90,000,000 through the account in its own name, and KRW 40,000,00 through J, on June 25, 2008, respectively, as the money for the transfer of the right to sell shares, and Defendant C entered into all procedures for the succession of membership, such as the payment of contributions, with the Plaintiff at the time of the transfer of the right to sell shares, and Defendant C entered into a contract with the Plaintiff at the time of the transfer of the right to sell shares, with the Plaintiff at the time of the transfer of the right to sell shares, and if the succession of membership was not completed, or if the Plaintiff was unable to be recognized as the Plaintiff’s partner due to a wrongful treatment, all the proceeds shall be refunded (hereinafter “1 refund agreement”).

C. Defendant F, around June 2008, entered into a contract for the transfer of the second right of sale, shall be between the Plaintiff F and the Plaintiff B.

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