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(영문) 인천지방법원 2015.09.01 2014가합59077

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Relevant party 1) E Land Readjustment Project Association (hereinafter “instant association”)

A) The Jung-gu Incheon Central District Development Project (hereinafter “instant project”) shall be the land of F 484,620 square meters for the land of the Republic of Korea in Jung-gu, Incheon.

A) A cooperative is established for the enforcement of this case. G represents the association as the head of the association of this case and takes charge of the affairs of the general assembly, board of representatives, and chairman of the board of directors, which are the decision-making body of the association of this case. Defendant A is the director of the association of this case. Defendant A is the auditor, Defendant B, C, and D of the association of this case. 2) The Plaintiff purchased from the association of this case the H parking lot 1,793 square meters (hereinafter “the real estate of this case”).

B. On July 3, 1998, the Mayor of Incheon Metropolitan City publicly announced the determination of urban planning and detailed planning zone concerning the project of this case as I on July 3, 1998, and the association of this case was repealed by J on July 13, 2002, the former Land Readjustment and Rearrangement Projects Act (amended by Act No. 6252, Jan. 8, 200; hereinafter “Land Readjustment Projects Act”).

(2) The association of this case promoted the project of this case with the authorization to establish the association and the authorization to implement the project of this case under Article 16. 2) The association of this case merely requires project costs, such as the scopic construction costs, while implementing the project of this case, and agreed to borrow KRW 9.5 billion from K on December 26, 2007 (hereinafter “K”), and the association of this case under the agreement to borrow KRW 9.5 billion from K and scopic Construction Co., Ltd. (hereinafter “K”) on December 27, 2007 and trust 37 lots of land development recompenses within the project district of this case to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) in order to secure the above loan debt, and K shall be designated as a priority holder, and K shall set up a pledge on the right to preferential benefit as a priority holder, and the association of this case shall be until May 31, 2008.