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(영문) 수원지방법원 2015.11.06 2015고합282

변호사법위반등

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. The Defendant and related persons are attorneys-at-law (T law offices) and vice-chairperson of the Central Committee for Youths with the former U.S., a real estate development-related business entity, who currently holds at least five percent of the shares in V [W, hereinafter “W”), X 100% of the shares in the company, and Y 49% of the shares in the company.

On the other hand, the Z is the representative director of W, who is a real estate development implementation company from September 4, 2009 to March 4, 201, and has overall control over all the management, such as asset management.

B. AA Urban Development Project Promotion Committee (hereinafter “Promotion Committee”) established by landowners of the AAA urban development district (1,292,000 square meters) in Seongbuk-gu, Sungnam-si (hereinafter “AA Urban Development Project Promotion Committee”) around June 20, 2009, and W entered into a contract for the implementation of the urban development project and promoted private development by replotting method.

On July 29, 2009, the Korea Land Corporation (the "LH Corporation") submitted a proposal for designation of an urban development zone by expropriation method at Sungnam-si on or around October 1, 2009. The Sungnam-si decided to accept the proposal and notified it to LH Corporation on or around October 1, 2009. On October 5, 2009, from around October 5, 2009 to around the 19th day of the same month, the Korea Land Corporation (the "LH Corporation") submitted a proposal for designation of an urban development zone by expropriation method.

Therefore, the Z submitted the proposal for designation of a private urban development zone in the name of the Promotion Committee around October 21, 2009 and around November 18, 2009, in total two times at the Sungnam-si, but Sungnam-si returned the proposal on the ground that “The proposal shall not be accepted in duplicate because it is in the process of accepting the proposal of the LH Corporation.”

Therefore, in order to enable LH Corporation to voluntarily withdraw from the project, and to convert it to the private development method rather than the public development method, the Z shall file a civil petition against LH Corporation, Sungnam City, etc., and continue to hold a meeting, while LH Corporation and the executives of Sungnam City shall be viewed as the hH Corporation.