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(영문) 수원지방법원안양지원 2016.08.11 2015가단112274
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

Based on the facts, Defendant C’s Living Countermeasures Co., Ltd. (hereinafter “Defendant C’s Cooperative”) is a non-legal entity formed for the purpose of selling the land for livelihood countermeasures to its members and the general public after purchasing the land for livelihood countermeasures in the C’s residential environment improvement project implemented by the Korea National Housing Corporation and constructing the building under the name of the association.

Defendant D is the president of the Defendant Partnership, and Defendant E is the general director of the Defendant Partnership.

The plaintiffs are the members of the defendant association.

Members paid 3,914,00 won per unit of equity of union members to the Defendant Cooperative for land purchase price.

The Defendant Union purchased the land for livelihood countermeasures (F. 1108 m2m2 in Ansan-gu) with this money. On September 15, 2005, the Defendant Union established a collateral security in the land for livelihood countermeasures and constructed a building on September 2, 2005, divided into 45 commercial buildings on the said land into two underground floors and five commercial buildings on the ground (hereinafter “instant building”).

Around January 27, 2005, at an ordinary general meeting of shareholders, the Defendant Union adopted a resolution that “the members who do not intend to purchase a price for the building in this case may transfer their membership status to the H Co., Ltd. of the instant building 65.8 million won per share of union members (the purchase price of the land for the union members plus 31.86,00 won).”

At this time, the Plaintiffs did not transfer their membership status.

Upon completion of the building of this case, the Defendant Union completed the registration of ownership preservation on February 2, 2006 as to each commercial building of this case.

On March 8, 2006, the Defendant Cooperative terminated the establishment of the right to collateral security with respect to the above new banks, and set up each of the instant commercial buildings in the Yangju Livestock Cooperatives (hereinafter “YU”) with respect to the entire commercial buildings of the instant building, and used the loans to the new bank as a debt to the new bank and debt repayment related to the construction of the instant building.

Defendant Union. The building of this case is a building.

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