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(영문) 수원지방법원 2019.09.25 2019나55774
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The K Regional Housing Association (hereinafter “the instant association”) was authorized to establish a housing association from the Silsung market around February 16, 2015, as a regional housing association established for the purpose of constructing and supplying common housing in the M M in the Silsung City.

B. The number of union members at the time when the instant union was first authorized to establish the cooperative was 527. However, on July 21, 2015, after obtaining approval for the recruitment of 313 union members, the instant union completed recruitment of 313 additional union members around that time, and obtained authorization for the change from the Sungsung market on October 30, 2015.

C. On the other hand, on March 11, 2015, the Defendant concluded an agency business service contract with the instant association regarding the business of the regional housing association, including the instant association’s business related to the authorization of the housing association (approval), the recruitment and management of association members, and the payment management of union members.

Plaintiff

The remaining Plaintiffs, except I, concluded a sales contract with the instant union on the date indicated in the “payment Date” column in the attached list, and paid the amount indicated in the “amount” column in the same list as business promotion expenses in addition to the down payment.

E. On May 15, 2014, N entered into a sales contract with the instant association and paid KRW 5,000,000 for down payment and KRW 12,000,000 for business operating expenses to the instant association. On November 20, 2016, Plaintiff I entered into a sales right transfer contract with N and paid KRW 17,00,000 in total for down payment and business operating expenses N paid to N..

[Ground of recognition] Gap evidence 1-2, Gap evidence 1-2, Gap evidence 14-3, 4, Eul evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is L, which is a director, is one de facto corporate personality.

In addition, in order for a regional housing association to recruit its members additionally, it shall be added to its members from the Sungsung City, the competent authority.

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