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(영문) 인천지방법원 2015.09.01 2013가합34521
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. Basic facts

A. Party 1) The H land readjustment project partnership (hereinafter “instant partnership”)

(A) The Jung-gu Incheon Jung-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant project”) shall be divided and rearrangement project of 484,620 square meters of land 1.

(2) The Plaintiff is a director of the instant association, who is the head of the instant association, and is in charge of the duties of the general assembly, board of representatives, and chairman of the board of directors, which are the decision-making body of the instant association. Defendant A, F is the director of the instant association, who is the auditor, Defendant B, C, D, E, and G of the instant association. (2) The Plaintiff, while making loans to the instant association, is an agricultural cooperative that has set up a collateral security on the instant project from the instant association as to the land allotted for recompense of development outlay.

B. On July 3, 1998, the Mayor of Incheon Metropolitan City publicly notified the determination of urban planning and detailed planning zone with respect to the project of this case as K on July 3, 1998, and the association of this case was repealed by Act No. 6252, Jan. 8, 2000; hereinafter “Land Readjustment and Rearrangement Project Act”) as L on July 13, 2002, the public notice of Incheon Metropolitan City was issued.

(2) The association of this case, upon authorization for the establishment of the association and authorization for the project of this case under Article 16, promoted the project of this case with the authorization for the implementation of the project of this case. 2) The association of this case, while carrying out the project of this case, requires the project costs such as the emulation construction cost, etc., and agreed to borrow KRW 9.5 billion from the cista Construction Co., Ltd. (hereinafter “cista Construction”) on December 26, 2007. The association of this case, as between Cista Construction and Land Construction Co., Ltd. (hereinafter “SS Construction”) on December 27, 2007, entrusted 37 lots of development recompense land within the project district of this case to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), and designated as the right to benefit from the cista Construction as the right to benefit from the

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