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(영문) 수원지방법원 2016.01.28 2014가합1419
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. A. Around June 26, 2009, persons, including the Plaintiff B, etc., who were entitled to be supplied with land for livelihood measures by the Gyeonggi-do Si Corporation in relation to the T Housing Site Development Business, established the UAD (hereinafter “instant association”) and drafted the articles of association as follows (hereinafter “instant articles of association”).

The purpose of Article 2 (Purpose) of the U.S.A. Articles of association in 2009 is to promote common interests of members by acquiring residential land or commercial land supplied to persons eligible for supply of land for livelihood countermeasures as part of the living measures related to the housing site development of a new city implemented by Gyeonggi-do, Suwon-si, and Gyeonggi-do, and by settling profits and losses on land such as the construction of commercial buildings.

(A) Article 24 (Aggravated Distribution) (1) Commercial buildings constructed shall be distributed to members in accordance with the following procedures:

1. The period for application for distribution and disposition of commercial buildings shall be determined in accordance with the distribution plan determined by the articles of incorporation, such as by floor, store, amount by type of business, and method of settlement, and shall be notified in writing

2. A member notified of a plan for distributing commercial buildings pursuant to subparagraph 1 shall prepare an application for distribution stating the desired number of floors, stores, etc. during the application period and submit it to the head of the association

3. For stores which compete with each other as a result of the receipt of application under subparagraph 2, it shall be determined by lot as stipulated in the articles of incorporation; and

4. The provisions of subparagraph 3 shall apply mutatis mutandis to the members who have no application for distributing commercial buildings.

(hereinafter omitted)

B. The instant association was divided into U 1 Trade Association (93 members; hereinafter “instant one association”) and U 2 Trade Association (35 members; hereinafter “instant two association”).

C. On November 6, 2009, the instant association: (a) the Gyeonggi-do Urban Corporation and the Gyeonggi-do Urban Corporation established the parcel number, etc. with the area of Wom-si 978.6 square meters in a T site development project area with V large 981 square meters within the T site development project area.

(c).

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