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(영문) 부산고등법원 2015.07.02 2014나50326
체비지대장명의변경
Text

1. The judgment of the first instance court is modified upon the Plaintiff’s request for extension in the trial as follows.

The defendants are the defendants.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running real estate related business. 2) The Defendant A Union (hereinafter “Defendant Union”) is a project implementer under Article 13 of the Urban Development Act established on December 7, 2005 in order to implement an urban development project (hereinafter “instant project”) in the Kimhae-si, Kimhae-si, and the Defendant B was a person who served as the head of the association from the time of the establishment of the Defendant Union until May 2008.

3) On October 29, 2004, C is a three-dimensional agent with the Association Promotion Committee (tentative name H Association) on behalf of C to carry out all business activities by performing all business activities by proxy as required for the instant project. The three-dimensional amount is the agency contract for settling accounts with the land allotted by the authorities in recompense for development outlay for the instant project (hereinafter “instant agency contract”).

(A) On September 27, 2006, at the meeting of representatives of the Defendant Union, the instant agency contract was ratified by the Board of Representatives of the Defendant Union (i.e., I jointly accepted the instant agency contract with C, but I was excluded thereafter.

B) On November 2006, C decided to sell part of the land allotted in recompense for development outlay among the land allotted in recompense for development outlay among the Plaintiff and the Defendant Cooperatives in order to raise business expenses under the instant agency contract with the Defendant Cooperatives. Around that time, it proposed that the Plaintiff purchase the land allotted in recompense for development recompense of the land attached to the land allotted in recompense for development recompense within the instant business district (hereinafter “instant land”) among the anticipated land in recompense for development recompense for development recompense of the land.

2) Accordingly, on December 4, 2006, the Plaintiff, at the same place with Defendant B and C, intended to purchase the instant land allotted in recompense for development outlay from the Defendant Cooperative to 2.5 billion won (hereinafter “instant contract purchase agreement”) (the intermediate payment of KRW 250 million on December 4, 2006, the intermediate payment of KRW 50 million on December 4, 2006, and the remainder of KRW 1.75 billion on December 31, 2007) (hereinafter “instant payment”).

The contract was concluded. Each letter shall be 2,50,000,000,000 won (Won 2,50,000,000) (1) the above amount shall be used only for the necessary guards within the project implementation district of 1,431,960 square meters of the area of Da, E, and F G members in Gyeongnam-si, Kimhae-si, and shall not be used in all together.

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