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(영문) 수원지방법원성남지원 2017.05.19 2016가단25095
손해배상(기)
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On April 3, 2009, on the part of Gangdong-gu Seoul, Gangdong-gu, Seoul E, publicly announced that persons selected as subjects of livelihood measures in relation to an urban development project of the F District will autonomously organize an association and supply commercial land to the association through lot if they apply for the sale of commercial land through a representative of the association.

B. A part of the persons selected as eligible for livelihood countermeasures were intended to develop the commercial land and form an association in order to earn the profit therefrom. Accordingly, the G association (hereinafter “instant association”) was organized. The Plaintiff also filed an application for membership, thereby becoming a member of the instant association.

C. The instant association shall have one president, one auditor, one secretary, and one president as its executive officers in its articles of association. The president was required to act on behalf of the president of the association, and the executive officers were appointed at the general meeting of the association.

Accordingly, Defendant D was appointed as the president of the partnership, Defendant B (hereinafter collectively referred to as “Defendant B”) as the president of the promotion committee.

The articles of association of the association of this case provide that 10% of the land purchase price shall be paid from each member for the commercial site development project, and accordingly the association of this case requested that members pay the down payment for commercial site development project.

Accordingly, on March 5, 2010, the Plaintiff transferred 14,600,000 won to Defendant B’s bank account as sales deposit for commercial land.

E. On April 30, 2010, the instant association held a general meeting and resolved to transfer all the rights and obligations of the instant association to H, the representative director of which is Defendant B, to H as an unanimous decision-making of its members. At that time, five of the members was present at the meeting, and the remaining twenty-five of the members were the power of attorney through Defendant B.

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