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(영문) 서울고등법원 2016.04.06 2015나2021651

약정금등

Text

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

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

Reasons

1. Basic facts

A. On February 1, 2006, Defendant A Regional Housing Association (hereinafter “Defendant Association”) is a housing association established pursuant to the Housing Act with workers of Ulsan Factory Co., Ltd. as its members in order to carry out a new project of workplace-based housing association (hereinafter “instant project”) on the Ulsan-gun, Ulsan-gun, and 27 parcels (hereinafter “instant project site”), a site after collective replotting within an urban development project zone, for the purpose of carrying out a new project of workplace-based housing association (hereinafter “instant project”).

B. Defendant B (hereinafter “Defendant B”) is a company that implemented civil engineering works, etc. to create housing sites on the ground of the instant project site.

B. The Defendant Union recruited partners and the Plaintiff’s establishment (i.e., the Defendant Union) for the instant business and purchased the instant business site. However, as considerable number of members withdraw from the Defendant Union on the ground that the business does not run rapidly, the Defendant Union planned to convert the part of the withdrawal from the association into a general apartment unit and construct the apartment unit with the association apartment. Around 2009, the Defendant Union began to be engaged in the apartment construction business jointly with the Defendant Union.

B. Before May 2009, Luxembourg introduced the aforementioned plans of the Defendant Union through G of the Republic of Korea, and on June 25, 2009, she decided to jointly carry out the Defendant Union and apartment construction projects after consultation with the president of the Defendant Union and the J director of the Defendant B, etc., and on September 4, 2009.

C. (1) The Plaintiff and the Defendant Mutual Aid Association sell to the Plaintiff the land size and development recompense land amounting to the number of the members who left the instant site, and the share of the Defendant Mutual Aid Association’s ownership is divided according to the ownership ratio of the instant site by the Defendant Mutual Aid Association and the Plaintiff’s ownership according to the ownership ratio of the instant site.

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