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(영문) 청주지방법원 2016.06.22 2015가단14884

채무부존재확인

Text

1. The Plaintiff’s factory site D 1,256.9m2, E factory site, 140.8m2, and the Plaintiff’s Chungcheongbuk-gun owned by the Plaintiff.

Reasons

1. The establishment of the defendant association was approved on March 4, 2003.

(No. 1) On February 27, 2007, the Defendant Union passed a resolution of the board of directors imposing 70,000 won per tree per 1g of trees with respect to landscape trees.

(No. 22) On April 25, 2007, Plaintiff B entered into a contract with the Defendant Cooperative and the Defendant Cooperative to purchase land on the sale price of KRW 41,749,000 (excluding value-added tax) with respect to the volume of 1,401 square meters in Jincheon-gun, Chungcheongnam-do, and KRW 141.4 square meters in G 175.3 square meters in selling price.

(No. 2 and 10) On October 23, 2007, Plaintiff A entered into a contract with the Defendant Cooperative and the Defendant Cooperative on the sale of land purchased at KRW 37,485,00 in selling price (excluding value-added tax) with respect to D factory sites 1,256.9m2 and E factory sites at KRW 140.8m2 from the Defendant Cooperative and the Defendant Cooperative.

(Nos. 2 and 10) agreed on the collection of additional project contributions and operating expenses at the time of the agreement as follows:

Article 2 (Collection of Additional Project Contributions and Collection of Operating Expenses)

1. “B (Buyer)” shall, in addition to the amount paid under Article 1, additionally pay the project contributions, etc. determined by “A (seller)” if there is any subsequent project contributions, etc., and if “B” does not comply therewith, “B” may cancel this contract to “B”.

2. When the amount to be additionally designated under paragraph (1) and the deadline for payment of various charges expires, the overdue charge prescribed by the association shall be paid;

3. “B” shall bear the incidental civil construction cost and the ownership transfer registration cost, including the land A, in addition to the sale price prescribed in Article 1, and the necessary expenses, such as the management cost or the partnership project cost and the operating expenses, shall be borne by the notice of the management authority.

4. The taxes and public charges (excluding the portion of forest), special repair reserve funds and various charges necessary for joint management arising from the land above and the forest owned by the association adjacent to the land above the above land after the conclusion of this contract shall be borne by "B", and the relevant laws and regulations shall govern accident compensation resulting from the disaster.