원상회복
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 1, 2007, the Plaintiff asserted as to the cause of the claim purchased the right to purchase the living countermeasure site to be supplied to the Defendant (hereinafter “right to purchase the living countermeasure site of this case”) by implementing the housing site development project from the Defendant on September 1, 2007, and around that time, paid KRW 95 million to the Defendant.
At the time of the above sales contract, the right to purchase the living countermeasure site of this case can only become the object of the supply of the living countermeasure site, and only the partnership can enter into the sales contract lawfully with respect to the living countermeasure site. In the case of the sales contract, only the change of the name as a whole can be possible only once, and it is not allowed for the partnership members to transfer their shares individually.
On September 28, 2007, D Union, the Defendant, whose members are members, was sold in lots to E-Gu, Sungnam-si, Sungnam-si (the land substitution in F. 577.6m2, Sungnam-si, Sungnam-si, and the land substitution in F. 577m2).
G Cooperatives (H through I Cooperatives) and advanced DNA Co., Ltd. (GJC) (hereinafter “W”), on May 6, 2008, concluded with J Co., Ltd. (hereinafter “J”) a contract for the construction of commercial buildings for livelihood countermeasures (each union transferred to J the status of purchaser under the contract for the construction of commercial buildings on land, and the J newly constructed commercial buildings on land and designated by each union or association to supply land and commercial buildings en bloc to a person who is designated by each union or association. Thereafter, each union established G Co., Ltd., a company that does not sell to the final purchaser or a third party as its shareholders, and designated each union as the purchaser of the said land and commercial buildings as the purchaser of the land) while running its business. Each union received a notification of cancellation of the said contract from J on the grounds that it did not pay down the down payment under the contract for the construction of the land and commercial buildings concluded in accordance with the said agreement, etc., and each union purchased the land as the land for livelihood countermeasures.