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(영문) 대전지방법원 2019.01.30 2017가합105177
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a natural-generating organization formed by CC 29 years old-old D with the purpose of promoting friendship between the deceased and descendants, and the plaintiff and his father E are the deceased members of the defendant.

On January 11, 2011, the Plaintiff and the Defendant entered into a trade promise with the Defendant to sell and sell 8,264 square meters of forest land FY-gu Daejeon (hereinafter “instant forest”) by dividing it into 124,408 square meters of forest land (hereinafter “instant forest”). On the same day, the Plaintiff paid KRW 10,000,000 to the Defendant on the same day.

On January 13, 2011, the Plaintiff concluded a pre-sale agreement with G to specify approximately KRW 3,305 square meters ( approximately 1,000 square meters) out of the forest of this case, and received KRW 50,000,000 from G on the same day.

On January 20, 201, the Defendant’s executive conference (hereinafter “the instant executive conference”) held on January 20, 201 (hereinafter “the Defendant’s meeting”) held nine of the ten executives of the Defendant, and at the time, E, the Defendant’s auditor, claiming that “it is necessary to divide and trade the instant forest in order to raise funds, such as construction of H buildings and repair of I again, but the Plaintiff’s friendship group has the intent to purchase the said divided forest,” with the consent of all nine executives present, resolved to divide the instant forest and sell approximately 8,264 square meters (2,50 square meters) among them at the price equivalent to the officially announced land value at the time of publication, and to delegate his/her authority to J at the time of such act.”

In February 15, 2011, the discussion was made on the agenda item to be sold in the same manner as the resolution of the above board of directors at the defendant extraordinary general meeting (hereinafter referred to as the "special meeting of this case"). As a result, the above sale agenda item was passed (hereinafter referred to as the "resolution of the special meeting of this case") with the 26 members present at the meeting of this case, who are the 20 majority and opposing 6 members present at the meeting.

The Plaintiff is divided into G and the instant forest land around March 11, 201.

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