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(영문) 광주고등법원 2015.12.29 2014나4469

매매대금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff’s change in ownership of each of the instant lands is a village association comprised of residents of the Yannam-Gun G Village (hereinafter “G village”). Defendant B was the head of the Plaintiff’s relocation before, Defendant C was the head of the G Youth Village, Defendant D was the head of the fishing village fraternity, and Defendant E was the Saemaul leader of the G village.

G Village Residents 94 shall contribute 60,000 won each around October 30, 1974 to each of the 60,000 won, and shall jointly purchase land on the 6,274m2, K miscellaneous land 16,628m2, L Miscellaneous land 1,781m2 (hereinafter “each of the instant lands”) and completed the registration of ownership transfer in the Plaintiff’s name on June 27, 1984.

On December 19, 2005, the Plaintiff sold each of the instant lands in KRW 1.3 billion to the Loenc Development Co., Ltd. (hereinafter “RINC”) and distributed KRW 94 million each of the instant lands to 94 persons who contributed to the price at the time of purchase of each of the instant lands, and then deducted KRW 226,365,90,000 as capital gains tax to be imposed thereafter, and kept KRW 27,080,100 in the G Village Association.

On the other hand, the contract of the above sales contract was signed and sealed by the Defendants as the representative of the Plaintiff.

B. On April 27, 2014, after filing a lawsuit, the Plaintiff elected H as the representative of the Plaintiff, and the rules submitted by the Plaintiff himself (No. 7-1 of the evidence No. 7) are that the representative is appointed by the affirmative votes of the majority of the members participating in the general meeting and the extraordinary general meeting. The resolution of April 27, 2014 is accompanied by the statement that “10 community members were notified by broadcast, telephone and verbal message to all community members to appoint a representative to delegate the affairs of filing a lawsuit against the Defendant, and 60 members attended and appointed H as the representative.”

The plaintiff raised a problem about the defect in the procedure of convening the above village conference on August 24, 2014.