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. Facts of premise;
A. The Plaintiff is a regional housing association that constructs and sells 431 apartment units on the site of the former E-middle School located in the Jeonsi-gu Seoul Metropolitan City, Jeonju-si, and the Defendant School Foundation B (hereinafter “Defendant Corporation”) is an educational foundation that operates the E-middle school, and the Defendant C is the chief director of the Defendant Corporation.
B. On September 15, 2010, the Plaintiff’s agent business promotion company prior to the establishment of the association (hereinafter “the Plaintiff’s agent promotion company”) concluded a sales contract with Defendant C to purchase 22,697 square meters of the Plaintiff’s school site D at the Jeonsan-gu Seoul Special Metropolitan City (hereinafter “instant land”) prior to the establishment of the association at KRW 12 billion (150 million out of the contract amount to KRW 300 million on the date of the contract, the remaining KRW 150 million was paid on the date of the contract, the payment prior to the conclusion of this contract, the remainder KRW 11.7 billion, and the date of the conclusion of this contract shall be prior to October 31, 2010).
C. Before the establishment of the association, the Plaintiff (hereinafter “Plaintiff”) received the written consent to the use of the instant land from the Defendant corporation on October 2010, and opened an apartment model housing.
On November 10, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant corporation with a content of purchasing KRW 10.5 billion (the contract amounting to KRW 1.05 billion, out of KRW 2.05 billion, up to November 10, 2010; the remaining KRW 1.0 billion, up to December 30, 2010; and the remainder KRW 8.45 billion, up to February 10, 201, to be paid by December 30, 201).
E. The Plaintiff obtained authorization to establish a regional housing association on January 19, 201, and issued a certificate of authorization to establish a regional housing association on January 27, 2011.
F. Meanwhile, on November 1, 2010, the Plaintiff paid each of the KRW 913 billion to the Defendant Corporation, KRW 120 million on August 11, 201, KRW 120 million on the same year, KRW 17 million on November 17 of the same year, KRW 150 million on November 28 of the same year, and KRW 1 billion on December 30 of the same year.
G. However, the remainder that the Plaintiff did not pay after the lapse of February 10, 201, which is the remaining payment date, is KRW 8.3 billion.