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(영문) 서울남부지방법원 2014.07.23 2013가단77106
인상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. An incorporated association is an incorporated association on February 26, 1964 for the purposes of mutual assistance and friendship among its members, promoting the prosperity and development of the market, enhancing the economic status of its members, etc.

B. The prosperity Association is the owner of land and building on the land outside Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant real estate”). The Plaintiffs, who possessed each shop located in the instant real estate, was an employee of the prosperity Association, and withdrawn on October 18, 2010.

C. On November 20, 2007, the Magyoung sold the instant real estate in KRW 9,670,930,000 for the development of a new name industry. Since the development of a new name industry failed to properly implement the O-building improvement project (hereinafter “instant project”) on the instant real estate, the Association concluded a new sales contract with the State-Licensed Industrial Development Co., Ltd. (hereinafter “State-Licensed Industrial Development”) on March 18, 2008, and made the existing purchaser status to take over the State-Licensed Industrial Development.

Under the above sales contract, the sales amount of KRW 8,869,50,000 is KRW 886,950,000, and the intermediate down payment of KRW 886,950,000 was paid until April 30, 2008 when concluding a contract.

After that, in 2008, new name industry development, state-licensed industry development, Q et al. distributed and paid 886,950,000 won of the instant real estate purchase price to the employees of the 2008 prosperity, according to land composition expenses. If new name industry development, etc. transfers the down payment to the financial account under the name of the prosperity Association, the prosperity Association re-transfered it to the Defendant account, which is the representative at the time, and the Defendant withdrawn it and paid it to the employees.

E. On December 15, 2009, the prosperity entered into a contract with ES Public Co., Ltd. (hereinafter “ES Public”) on the execution of the instant project with respect to the instant real estate, and ES Public succeeds to the status of ES Public.

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