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(영문) 서울중앙지방법원 2014.11.20 2013가합549992
채무부존재확인
Text

1. The obligation of the Plaintiff 1, 4, 6 through 11, 16 through 20, 23, 25, 26, 28, 33 through 39 against the Defendant is KRW 136,50,690.

Reasons

1. Basic facts

A. On May 2003, Pacific Construction Co., Ltd. started the business of newly constructing and selling the penta (hereinafter “instant penta”) on the land (hereinafter “instant land”). However, on the other hand, it suspended construction due to nonperformance.

Accordingly, the buyers of the above pentaey completed the construction by acquiring all rights to the land of this case and buildings on the ground from Pakistan Construction Co., Ltd. by forming the “AP Parcelling-Out Association” (hereinafter “the instant association”). The buyers of the above pentaey completed the construction by transferring all rights to the land of this case and buildings on the land of this case from Pakistan Construction Co., Ltd., and completed the registration of ownership transfer and the registration

B. The remaining Plaintiffs except the Plaintiff Company A (hereinafter “Plaintiff Company”) (hereinafter “the Plaintiffs”) were members of the instant association, and the Plaintiff Company was established for the purpose of developing and operating the penta complex on January 5, 2007.

C. Upon the commencement of the voluntary auction procedure on April 17, 2009 with respect to part of the instant land by the application of the Korea Credit Guarantee Fund, which is a mortgagee, on June 27, 2009, the instant association constituted an extraordinary countermeasure committee (hereinafter “instant emergency countermeasure committee”) in order to hold an extraordinary general meeting on June 27, 2009 to resolve problems such as prompt response measures following the progress of the auction by the Korea Credit Guarantee Fund and the bankruptcy of the association that will occur in the future, and passed a resolution to delegate all the authority to the said emergency countermeasure committee on the operation of the association and the sale of

After the Defendant was appointed as the chairperson of the Emergency Countermeasure Committee on June 27, 2009, he/she was in charge of overall management and sale of the instant pension, and he/she was in office as a director who is the representative of the Plaintiff Company from November 9, 2012 to May 9, 2013.

E. Of the plaintiffs as shareholders, at the time of plaintiffs B, C, E, L, M, N,O, U,V, X, AA, and AC.

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