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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. From around 2005, the Plaintiff selected as a new construction contractor and promoted the business of newly building and selling an apartment in 19 square meters in Ysan-gu Seoul Special Metropolitan City C (hereinafter “Pung-dong”) with the aim of establishing a regional housing association upon receiving a proposal from E Co., Ltd. (hereinafter “E”) to the effect that the local housing association may participate in the new construction of an apartment in the instant project site when it implements the new construction of an apartment in the instant project site.
B. Accordingly, on December 8, 2008, the Defendant held an inaugural general meeting of the Cooperative Promotion Committee, and on November 30, 2009, obtained the authorization of the housing association to implement a new project of constructing D apartment units from the head of the Jeonsan-si (hereinafter “instant apartment units”) with the head of Kusan-si in order to implement the new project of building C to large 519 square meters. In the process, the Plaintiff, as the Defendant’s agent, entrusted the Defendant with the purchase of land and approval for the new project of the instant apartment units, the recruitment of association members, and the selection of Si construction.
C. Meanwhile, from August 10, 2005 to December 1, 2009, the Plaintiff is identical to the land indicated in the “subject matter” column in the attached Table, including Cand C, 519 square meters: Provided, That as examined thereafter, “F” in No. 40 of the attached Table No. 40 refers to “G answer 338 square meters after division,” and “H” in No. 41 of the same list refers to “I return 8 square meters after division.”
(hereinafter the same shall apply)
(2) The Plaintiff and the Defendant paid a total of KRW 2,230,215,00 as indicated in the same list of “sellers” and “amount” as indicated in the same list. As seen above, the Plaintiff and the Defendant agreed to recognize the purchase price disbursed by the Plaintiff as the Plaintiff’s loans to the Defendant and settle the purchase price.
On December 30, 2010, the Defendant issued the instant apartment from the Jeonju mayor in accordance with Article 16(1)2 of the Housing Act.