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(영문) 수원지방법원 2015.12.03 2014나31551

원금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 10, 2007, the Minister of Construction and Transportation approved and publicly announced a housing site development project plan in Sungnam-si, Sungnam-si, J and K. The Korea Land Corporation and the Korea National Housing Corporation were designated as the implementer of the above project. On August 10, 2007, the Sungnam-si announced the supply of the land for countermeasures against Sungnam-si life, and the main contents are as follows:

Qualification requirements: A person who is selected as a person eligible for the supply of a living countermeasure site in relation to the instant project: A person selected as a person eligible for the supply of a living countermeasure site shall autonomously organize a non-corporate group, and the representative elected by the partnership shall enter into a contract with Sungnam-si by applying for a living countermeasure site at the time of Sungnam-si and receive a living countermeasure site in the name

The head of a cooperative, executives, and members of a cooperative shall be eligible for supply of land for livelihood countermeasures.

Restrictions on change of name: Change of name in accordance with the revision of the Housing Site Development Promotion Act on April 20, 207 can be made only once at the time of change of the entire name of the association (the change of the name of the contractor) and the shares of the association members are not allowed. Change of the entire name of the association can be allowed only once after one month (the first prize union) after the date of the first contract or after two weeks (2,3 prize associations) after the date of the first contract, and the subsequent purchaser is not allowed by the time of the transfer of ownership

B. On February 2004, from June 2008 to June 2008, the Plaintiff purchased the right to purchase 12 sites for livelihood countermeasures (hereinafter “the right to purchase the instant land”) from all eligible suppliers of the land for livelihood countermeasures in the Seongbuknam District Housing Site Development Project (hereinafter “instant project”).

C. Article 9 of the articles of association of the I Association established around 2007 (hereinafter “the instant association”) can only transfer all members’ share of land before the registration of transfer of ownership in the land for livelihood countermeasures, such as the details of the public announcement made on August 10, 2007 at Sungnam-si. In principle, each member’s share of land can be transferred individually.