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(영문) 인천지방법원부천지원 2016.04.07 2014가단42228
구상금
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. Basic facts

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the implementation of a housing redevelopment project in the zone A on the land outside K and 140 plot of land in Seocheon-si, Seocheon-si, Seocheon-si, the Seoul Special Metropolitan City, and obtained authorization for the establishment from the Seocheon-si mayor on June 21, 201 (hereinafter “Plaintiff Cooperative”), and the Defendants are the

B. On February 9, 2012, the Plaintiff Union entered into a monetary loan agreement with the Daelim Industry Co., Ltd. (hereinafter “Molim Industry”) on the condition that, even if the Daelim Industry lends the Plaintiff Union total amount of KRW 10.8 billion, the Plaintiff Union would lend its operating expenses, etc. to the Plaintiff Union as an interest-free person (hereinafter “instant loan agreement”).

C. Some of the members of the Plaintiff Union filed an application for dissolution of the Plaintiff Union at Bupyeongcheon-si, and on September 5, 2014, the Bupyeong-do Mayor revoked the authorization to establish the Plaintiff Union.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff Union borrowed project promotion expenses, such as operating expenses of the association from the relevant forest industry in accordance with the instant loan agreement. As of March 31, 2014, the total amount of the loan was KRW 2,788,278,247. As of March 31, 2014, the Plaintiff Union bears the duty to pay the improvement project expenses, etc. in accordance with the Plaintiff Union’s articles of association. Therefore, the said loan is ultimately a cost to be borne by the members.

3) The Plaintiff Union shall undergo dissolution procedures upon revocation of authorization for establishment. If the Plaintiff Union is dissolved, the remaining obligations of the Plaintiff Union shall be shared equally among its members. As such, the Defendants are obligated to pay the Plaintiff KRW 9,112,00, each share of the Defendants out of the above loan funds of the Plaintiff Union. (B) The Plaintiff Union is a corporation established for housing redevelopment projects, and the authorization for establishment is revoked upon application for dissolution of the Plaintiff Union members.

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