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(영문) 수원지방법원성남지원 2019.04.16 2018가합406695

회장지위확인 청구 등

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1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff and Defendant C purchased multiple prices, including F facilities in Seongbuk-gu, Sungnam-si, Sungnam-si (hereinafter “instant complex prices”), from G Co., Ltd. (hereinafter “H”), an executor company at around 1992 at the time of the 1992.

B. On June 29, 1995, H entered into a trust agreement with I Co., Ltd. to newly construct the instant complex price and to lease, manage, and operate the land and buildings as trust property between I Co., Ltd. and I Co., Ltd. on June 29, 1995.

Since then, the complex price of this case was completed by the Corporation (JJ Co., Ltd.) that entered into a contract for construction works with I Co., Ltd.

However, on February 2, 2001, due to the default of the IF on February 2, 2001, people who purchase the complex of this case can not acquire the ownership of the store.

C. Accordingly, the persons who sold or leased the instant complex shopping mall constituted the Defendant B Council (hereinafter “Defendant Council”) and the Commercial Building Operation Council, respectively, and were in consultation with the interested parties of the instant complex, such as J Co., Ltd and the Korea Technology Credit Guarantee Fund.

On August 22, 2002, J Co., Ltd., the Technology Credit Guarantee Fund, the Commercial Building Operation Council, and the Defendant Council have reached an agreement under the presence of the Ministry of Construction and Transportation. Article 9 of the said agreement provides for the expenses incurred in changing the use of some commercial buildings and the expenses incurred in relation to additional electricity and equipment construction costs in order to implement the agreed terms and conditions.

E. In order for the members of the Defendant Council to use the commercial buildings that were normally sold in lots, the installation work of electricity, etc. (hereinafter “common construction work”) and the cost was required to be “common construction cost” (hereinafter “common construction cost”).

Defendant.