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(영문) 창원지방법원 진주지원 2018.01.18 2015가합11253

입회금반환 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 6, 2016, A Co., Ltd. received a decision of commencing rehabilitation as Seoul Central District Court 2016 Ma10269, and B was appointed as the manager of the said company.

(hereinafter referred to as "A" and "A" are all defendants A.

On June 17, 2010, the Plaintiff entered into a membership agreement with Defendant A, setting the membership fee of KRW 230,000,000,000 for the F membership in the E and 80 parcels, which was operated by the said Defendant, for five years, and on June 16, 2015, and paid KRW 230,000,000 as the membership fee.

C. Defendant A, C, D, Asia’s trust, Samsung C, C, and D on July 24, 2013, Defendant A, C, and C are trusters (the beneficiary of trust principal and trust proceeds, Defendant C, and D are the beneficiary of trust principal). Defendant Asia Trust is the trustee of the trust; Defendant Samsung C is the trustee of the trust and the trust principal; Defendant Samsung C is the first beneficiary of trust principal and trust proceeds; Defendant Samsung C is the first beneficiary of trust principal and trust principal and the first beneficiary of trust principal and trust proceeds; Defendant Samsung C is the first beneficiary of trust principal and the second beneficiary of trust principal and the second beneficiary of trust principal; Defendant Mmerz comprehensive financial securities and Mmerz capital were the second beneficiary of trust principal; Defendant C’s future securities did not participate as the party to the instant trust contract, but the Defendants, the parties to the trust contract, were designated as the first beneficiary of the trust principal and the third beneficiary of the trust principal in the future.

B concluded a management-type land trust contract (hereinafter the trust contract in this case) with respect to the F-type land development project by designating each of the three priority beneficiaries of the trust principal as the third priority beneficiary, and the main contents of the trust contract in this case are as shown in the attached Form.

On the other hand, since June 23, 2015, the Plaintiff demanded a withdrawal and return of the money from the Defendant A for the reason that five years have elapsed since the entry period under the instant membership agreement.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion.