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(영문) 대전지방법원 2018.11.14 2015가합3031
배당이의
Text

1. Of the distribution schedule prepared by the said court on August 25, 2015 with respect to the distribution procedure case of Daejeon District Court C, it is against the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2010, the Korea Land and Housing Corporation is a party, etc. (1) The Daejeon Seo-gu District Land and Housing Corporation is the Daejeon Seo-gu Land and Housing Corporation (hereinafter “Z land”) with a size of 1,465.4 square meters in the site for livelihood countermeasures against the original residents of the project district of the Daejeon Seo-gu Land and Housing Site Development Project.

(A) The land “A” is called “the land of this case, and is combined with the Z land”, and “the land of this case” is the land of this case.

U.S. Trade Association (hereinafter referred to as “instant trade association”) supplied

) The said land is an organization consisting of those who are in the position to be supplied with the said land and those who transferred the said position, and the Co., Ltd. V, W Co., Ltd. (hereinafter “V”) and W.

(2) X is a representative of the instant association, a person who was in charge of the representative director of V, and Y is a person who was in charge of WW’s representative director as the wife of X.

3) The Defendants are members of each of the instant associations, and the Plaintiff is a construction company that entered into a contract for the construction of a commercial building with V and W on March 2013. B. around August 2010, the instant association succeeded to the rights and obligations under the sales contract concluded with the Korea Land and Housing Corporation regarding the instant land. On or around June 30, 2012, the instant association held an extraordinary general meeting and purchased the instant land in its name by establishing a separate corporation. As to the distribution of profits from the development of land, such as the construction of a commercial building, the members who wish to receive dividends with profits from the newly built commercial building can make an application for the commercial building, and the members who wish to receive dividends with cash dividends shall distribute profits from the settlement of business at the time of completion of the commercial building, to the members who wish to receive dividends with the proceeds from the construction of the commercial building, according to their share of profits generated from the settlement of business at the time of the completion of the commercial building.

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