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(영문) 서울중앙지방법원 2014.12.11 2014가합7129
매매대금반환
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. On September 2007, Seongbuk-si, the Korea Land Corporation, the Korea National Housing Corporation (hereinafter referred to as the “Seongnam-si, the Korea Land Corporation, and the Korea National Housing Corporation”) implemented the Sungnam-si Housing Site Development Project (hereinafter referred to as the “instant project”), the project implementer supplied the land for neighborhood facilities or neighboring commercial sites to the person subject to the living measures related to the said project, as part of the living measures.

The subjects of livelihood countermeasures selected from the project implementer to be supplied with the land are to develop the land for livelihood countermeasures and collect profits therefrom, and form 12 associations such as the 1st and the 12th and the 12th and the 12th and the 12th and the 12th and the Defendants are members of the D Association (hereinafter “instant association”). The Defendant C is the head of the said association.

The main contents of the association of this case are as follows.

Article 3 (Location) The office of a cooperative shall be located in 802, Si/Gun/Gu, Chungcheongnam-si, Sungnam-si.

Article 6 (Qualification for Membership) Members shall be selected by a project implementer as persons eligible for livelihood measures and who have submitted an application for joining an association.

Article 7 (Rights and Duties of Members) Members of a cooperative shall have the following rights and duties in relation to the cooperative:

(3) A cooperative member shall not withdraw from the cooperative after the cooperative is established and a cooperative enters into a contract for the purchase of land and enter into a contract for the purchase of land and until the transfer of ownership is registered.

Provided, That where withdrawal is inevitable due to the circumstances of a member, a cooperative shall succeed to the rights and obligations of the withdrawing member.

Article 9 (Transfer of Land Before Registration of Ownership Transfer) (1) Where a project operator intends to transfer any land supplied by him/her before registration of ownership transfer.

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