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(영문) 울산지방법원 2021.02.10 2019가합12066
계약금 등 반환
Text

1. The Defendants jointly committed against Plaintiffs A, E, and F each of KRW 41,30,00,000, Plaintiff B, and C respectively, and Plaintiff D 50.

Reasons

1. Basic facts

A. Defendant H District Housing Association promotion committee (K District Housing Association promotion committee was established under the name of its promotion committee, but its name was changed.

Defendant I (hereinafter referred to as “Defendant I”) is an unincorporated association organized to establish a regional housing association under the Housing Act, which implements the business of constructing and supplying multi-family housing (hereinafter “instant business”). Defendant I (hereinafter referred to as “Defendant I”) is an agent who entered into a service contract with the Defendant Promotion Committee for vicarious business with the association, and Defendant J is the representative director of Defendant I.

B. On March 28, 2015, the Defendant Promotion Committee entered into a contract with Defendant I to vicariously perform the duties of the Defendant Promotion Committee on the instant business, including the recruitment of association members, on behalf of Defendant I on behalf of the Defendant Promotion Committee, and Defendant I exclusively performed the duties of the Defendant Promotion Committee’s association related to the establishment of the following partnership agreements with the Plaintiffs.

(c)

The Plaintiffs entered into a contract with the Defendant Promotion Committee to join as a member of the Defendant Promotion Committee (hereinafter “each of the instant agreements to join each of the instant agreements”) on the date indicated in each of the pertinent columns in the table below, and paid to the Defendant Promotion Committee the amount indicated in each of the corresponding columns in the table below.

The Plaintiff’s amount paid as the date of the instant contract (won) No. 1 A on April 30, 2016, A 41,300,000 B B B B on April 29, 2016, C C C on April 40, 2016: 40,900,000 D D D on May 4, 2016, July 28, 2016; 50,900,005 E on July 28, 2016; 41,30,000,006 F on June 41, 2016; 30,000,007 G on June 21, 2016; and 00,000

D. The Defendant Promotion Committee applied for authorization to establish a regional housing association to the head of the Nam-gu Seoul Metropolitan City office around July 2018 through the inaugural general meeting on November 24, 2016 and the extraordinary general meeting on July 5, 2017. However, on August 14, 2018, the head of the Nam-gu Seoul Metropolitan City office of Ulsan Metropolitan City applied for authorization to establish the regional housing association.

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