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(영문) 서울동부지방법원 2019.09.25 2017가단115508

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 3, 2009, the D Corporation publicly announced the supply of the E-district life countermeasure site to the effect that, with respect to the E-district urban development project implemented in Gangdong-gu Seoul E-dong District, “When persons selected as those eligible for livelihood countermeasures voluntarily organize an association and make a decision on whether to supply commercial land through a lottery, through a representative of the association to enter into a supply contract with the association.”

B. A part of the persons selected as eligible for livelihood measures were intended to develop commercial lots and form an association in order to earn the profit therefrom. Accordingly, the F association (hereinafter “instant association”) and GG association were organized. The Plaintiff purchased shares from H and became a substantial partner of the instant association.

C. The instant association shall have one president, one auditor, one general secretary, and one president as its executive officers in its articles of association. The president was required to act on behalf of the president of the association (Article 9), and the officers were determined to be appointed by the general meeting of associations (Article 10(1)), and the Defendant C (I) was appointed as the president.

Around May 19, 2009, the instant association filed an application for the provision of commercial land to DD Corporation, and received the allocation and supply of Gangdong-gu Seoul Metropolitan Government Jable block 655 square meters (hereinafter “instant commercial land”).

E. The instant association requested the members to pay the down payment of the instant commercial land to each of the members for the purchase of the instant commercial land. On March 5, 2010, the Plaintiff transferred KRW 14,600,000 to Defendant C’s bank account as the down payment to the members of the instant association.

F. On April 30, 2010, the instant association held a general meeting for the change of the name of the instant association (hereinafter “instant general meeting”) and dissolve the instant association at the same time as the change of the name of the instant commercial site, the receipt of the sales price, etc.