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(영문) 대전고등법원 2020.02.06 2019나14149 (1)
근저당권말소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's respective claims against the defendants are all dismissed.

3. Action.

Reasons

1. Basic facts

A. On May 9, 2008, the Plaintiff and the Korea Rural Community Corporation entered into an entrustment contract between the Plaintiff and the Korea Rural Community Corporation with the terms of entrusting the performance of works, management, transfer, etc. of the “E Rural Community Comprehensive Development Project” (hereinafter “instant development project”) to be implemented at the Dari and Driwon at the Seosan City Council (hereinafter “instant entrustment contract”).

The main contents of the instant entrustment contract shall be attached hereto.

2. The description;

B. On March 24, 2010, the instant development project’s basic plan included the first phase project that included the construction of an agricultural products distribution complex and a multi-purpose hall, which is an income infrastructure. (2) The name of the Defendant Union’s Defendant Union was “K Agricultural Partnership” in the past, but changed the name to “B Agricultural Partnership” on March 24, 2010.

on December 10, 2008, the purpose of this plan was to carry out agricultural products sales business, etc. in agricultural products distribution complexes to be constructed in accordance with the above plan.

From January 2, 2009 to May 31, 2010, the Defendant Cooperative: (a) on December 1, 2010, 2010, the Defendant Cooperative merged the 4,105 square meters of G warehouse site (hereinafter “instant land”); (b) 1,340 square meters of G warehouse site in Seosan-si; (c) 600 square meters of L warehouse site in Seosan-si; and (d) 2,165 square meters of store site in Seosan-si; and (e) purchased the instant land and completed the registration of ownership transfer.

With respect to the area of 600 square meters in a L warehouse site in the city prior to the merger, January 2, 2009; with respect to the area of 2,165 square meters in a Ma warehouse site in the city prior to the merger, February 9, 2009; and with respect to the area of 1,340 square meters in a G warehouse site in the city prior to the merger, each registration of ownership transfer was completed on May 31, 2010.

3) On March 5, 2009, the Plaintiff passed a resolution to collect KRW 378,00,000 from the Defendant Cooperative for the self-charge for the agricultural products distribution complex. 4) On April 1, 2009, the Plaintiff sent to the Korea Rural Community Corporation a letter that approved the first stage implementation plan of the instant development project to the Korea Rural Community Corporation.

The plaintiff is the Korea Rural Community Corporation.

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