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(영문) 울산지방법원 2017.04.13 2016가단14798

소유권이전등기말소등기절차이행 등

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s claims against Defendant C, D, E, F, and G are dismissed, respectively.

Reasons

1. Basic facts

A. H association (hereinafter “instant promotion association”) is an organization formed with 51 merchants registered as private entrepreneurs in the pertinent market for the purpose of the sound development of shopping districts in the J market in Ulsan-gu I, Ulsan-gu and the promotion of mutual welfare among its members.

The promotion cooperative of this case completed the registration of incorporation on May 12, 2003 with the authorization of establishment from Ulsan Metropolitan City on May 3, 2003.

B. The Plaintiff was elected as the first president at the inaugural general meeting of the instant promotion cooperative, held on February 24, 2003.

The plaintiff has completed the one-year term of office on February 24, 2004, and was reappointed at the ordinary general meeting on February 23, 2007, and completed the three-year term of office on February 23, 2007.

C. On December 15, 2003, the instant promotion cooperative completed the registration of ownership transfer of each real estate listed in the separate sheet (hereinafter “instant commercial building”). D.

The instant promotion cooperative held a general meeting on February 24, 2007 and elected Defendant C as the president.

E. On March 26, 2010, the instant promotion cooperative was dissolved by a resolution of the general meeting. On August 26, 2010, pursuant to Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts and Article 12(7) of the Enforcement Rule of the same Act, Defendant B (hereinafter “Defendant Merchant Association”) was registered in the Jung-gu Seoul Metropolitan Government Office.

F. The instant promotion cooperative and the Defendant Merchant Association decided to succeed all the rights and obligations of the instant promotion cooperative to the Defendant Merchant Association.

On April 27, 2011, the Defendant Merchant Association completed the registration of transfer of ownership in its name (hereinafter “the registration of transfer of ownership”) on the grounds of donation on February 24, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 12 (including each number), Eul evidence 1 through 15, 22 through 30 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. While the Plaintiff is in office as the president of the instant promotion cooperative, he/she shall pay 20,400,000 won out of the members’ contributions on behalf of the Plaintiff.