beta
(영문) 광주고등법원 2017.06.02 2016나1471

매매대금

Text

1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On April 21, 1993, the Plaintiff was a cooperative established for the purpose of promoting the sound development of automobile parts sales business and the promotion of mutual welfare among its members pursuant to the Small and Medium Enterprise Cooperatives Act. The Defendant was the Plaintiff’s member until June 20, 201.

B. 1) The Plaintiff: (a) purchased approximately KRW 31,307,750 per unit of land contributions made by the members of the Defendant et al. to create a sales complex for automobile parts; and (b) completed the registration of ownership transfer in the name of the Plaintiff on December 24, 1997; and (c) around August 2003, the Plaintiff was a D Co., Ltd. (hereinafter “D”).

) and the above land are 1 and 2 complexes for the sales of automobile parts (hereinafter “instant 1 and 2 commercial complexes”).

(2) The Plaintiff did not pay the remainder of the construction price for the instant two complex shopping complex, as the result of the general sale of the instant two complex shopping complex, and the Plaintiff did not pay the remainder of the construction price for the instant two complex shopping complex construction.

C. On January 14, 2005, the board of directors on January 29, 2005, the extraordinary general meeting on January 29, 2005, and the general meeting on March 9, 2005 (hereinafter “the first general meeting of this case”) held on March 9, 2005 for the execution of the instant loan and the payment of the said construction cost.

A. Each member shall hold a meeting and pay to the Plaintiff KRW 50,00,000 per unit, and the Plaintiff shall allocate three commercial buildings of this case to its members per unit, and the Plaintiff shall sell them in lots. The Plaintiff shall be a principal debtor and a member who lacks financial resources shall be a principal debtor, provide the commercial buildings assigned to him/her to financial institutions as security and make a loan of KRW 50,00,000 per unit to the Plaintiff. The allocated commercial buildings shall be paid to the Plaintiff by the time the transfer of ownership in the name of an individual partner is completed.