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(영문) 수원지방법원평택지원 2015.05.22 2014가합9429

제3자이의

Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The defendant's decision is made with respect to Cream Farming Association Corporation.

Reasons

1. Basic facts

A. The parties’ relationship 1) CFFFF (hereinafter “SAF”)

(3) On August 8, 1995, each real estate listed in the separate sheet (hereinafter “instant land”) is the association established for the purpose of the management, etc. of flowers farming.

On April 6, 1990, 120 members of the non-party association shared 1/120 shares, respectively, and the registration of ownership transfer was completed. 2) The Defendant, from October 2001, managed the affairs of the non-party association as the representative or representative of the non-party association from around October 2001, conducted the sale and purchase of the land between the non-party comprehensive development corporation and the non-party comprehensive development corporation, which intended to purchase the land for the purpose of the golf course construction project.

3) On July 4, 2014, 2014, 1,000 won comprehensive development company was decided by the Seoul Central District Court to commence rehabilitation procedures (the above court 2014 Ma117) and appointed A as a custodian (hereinafter “ ,00 won comprehensive development company and Plaintiff 2,000 won comprehensive development company and Plaintiff 2,000 won comprehensive development company are all Plaintiff

B) A. D’s filing of a lawsuit against the non-party partnership and agreement 1) D’s filing of a lawsuit against the non-party partnership on July 9, 2003, asserting that the non-party partnership has a claim for acquisition money and a loan, and sought implementation of the procedure for establishing a mortgage over the land of this case with the maximum debt amount of KRW 1,886,05,00,000 and the maximum debt amount of KRW 80,000,000. On the other hand, in subrogation of the non-party partnership, the first 129 members, including the non-party partnership members, who are the nominal holders on the register of the land of this case, have completed the registration of ownership with the co-ownership of 129 members.

B filed a lawsuit against the non-party partnership seeking transfer of shares on the ground of the agreement for termination of title trust between the non-party partnership and the union members.

The Suwon District Court 2003Kahap8759, hereinafter referred to as "the case").