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(영문) 부산지방법원 2020.08.14 2019가단334964
손해배상(기)
Text

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. Defendant (tentative name) D Regional Housing Association (hereinafter “Defendant Promotion Committee”) is an organization organized to carry out the business of newly building and supplying apartment houses of the regional housing association on the land of Nam-gu Busan Metropolitan area (hereinafter “instant business”). Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into an agency service contract with the Defendant Promotion Committee on behalf of the Defendant Promotion Committee, and Defendant B is the head of the Defendant Promotion Committee’s partnership.

B. On December 5, 2018, the Plaintiff joined a regional housing association to be established by the Defendant Promotion Committee as a member of the regional housing association to be established by the Defendant Promotion Committee and entered into a partnership agreement with the effect that the said association will purchase Fho Lake (59m2, Bta) among the apartments of the said association to be constructed as the instant project (hereinafter “instant association joining agreement”), and paid KRW 25,632,50 in total as down payment and business promotion expenses.

C. The main contents of the instant agreement pertaining to the instant case are as follows.

(tentative) A subscription agreement of the D Regional Housing Association / [Indication of the subject matter] (tentatively named), the outlines of the D Regional Housing Association /

1. Site area: 25,593,00 square meters;

2. Total floor area: 80,714 square meters;

3. Scale/households: Four-six-six-six-six-six-six-six-six-six households below ground.

4. Location of business area: Busan Southern-gu E Board.

5. The object of this contract shall be the same number and number as indicated on the sign, and the area of the house of the relevant household shall be determined and notified at the time of approval for the project.

2. In principle, the project may construct and supply new apartments to the members of the housing association, but if it is necessary to sell them in general due to the delay in the recruitment of members, the remaining households may be converted to the general public, and the sale price may be determined through consultation such as “A (Defendant Promotion Committee; hereinafter the same shall apply)”, “A (Defendant Promotion Committee; hereinafter the same shall apply)”, “service

Article 3 (Delegation of Authority to Projects) "Members and hereinafter referred to as "members."

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