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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The plaintiff succeeding intervenor's claim against the defendants.
Reasons
1. Basic facts
A. On July 2007, Defendant B and C were designated as a person eligible for supply each of 13.40 square meters of the H size 1,921 square meters among the support facility site site in the F Complex development district according to the public announcement of the compensation plan for the F complex designated and the development plan was publicly announced as the Gyeonggi-do public notification I (as of September 30, 2004) (hereinafter “instant land”; the right to be supplied with the above Defendants’ living countermeasure site; the right to be supplied with the above Defendants’ living countermeasure site was the same as the representative elected by the association and the Plaintiff entered into a land sales contract with the Gyeonggi-do Construction and Land Sales Contract.
B. On November 1, 2007, the Plaintiff agreed to purchase the instant land supply right from Defendant B and C with the mediation of Defendant D, a licensed real estate agent (hereinafter “instant contract”), and on the same day, issued KRW 22 million to Defendant D as the purchase premium, and deposited KRW 500,000,000 in the account under the name of the Plaintiff’s name and the name of the Defendant B and C together with the name of the Defendant B and C on December 2, 2008.
C. At the time of the instant contract, Defendant B and C issued to the Plaintiff a certificate of their personal seal impression affixed to each of the various forms, such as performance notes, transfer notes, waiver notes of rights, application for membership to partnership, change of name, etc., transaction confirmation certificate, application for change of name, application for change of ownership, application for succession of rights and obligations, contract, undertaking, and application for membership to partnership.
On December 3, 2008, E Union composed of 72 members, including Defendant B and C, entered into a contract for the purchase of the H district of H district 1921 square meters in the F Complex from the said construction to the total purchase price of KRW 3,88,104,00, and the above contract was concluded.