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(영문) 대전고등법원 2019.05.23 2018나15619
배당이의
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. On May 25, 2010, U commercial cooperatives and the Korea Land and Housing Corporation (Agreement 1) announced that the project districts of the Daejeon Seodong-gu Seoul Special Metropolitan City Land and Housing Corporation will supply a residential countermeasure site to the residents in the project districts of the Daejeon Special Metropolitan City Land and Housing Corporation. Prior to the said announcement, AD, a representative of X, entered into an agreement to delegate the development of land on the living countermeasure site to AD, which is to be supplied by the above residents, to which they would be supplied in the future. 2) On July 30, 2010, 1 U commercial cooperatives consisting of those who would be supplied with the above living countermeasure site and those who would be transferred the relevant right from such persons, concluded a sale contract with the Korea Land and Housing Corporation on July 30, 2010 with the Daejeon Special Metropolitan City and Housing Corporation, and entered into a sale contract with the same land number of the Korea Land and Housing Corporation (hereinafter referred to as "AF land number change" and 1,465.4 square meters (hereinafter referred to as "A").

(C) After August 10, 2010, U.S. 2, U.S. 1 and U.S. 2, U.S. 1 and U.S. 2 (hereinafter referred to as “the instant land”).

A) Upon entering into a contract for succession of rights and obligations with each other, the instant association succeeded to all the rights and obligations of the instant land under the sales contract with each other, and the members of the said U.S. 1 and U. 2 were members of the instant association as they were. (4) Meanwhile, the instant association members are entitled to be supplied with 27 square meters of land among the instant land as one share (hereinafter “27 square meters of share”) or 20 square meters of share (hereinafter “20 square meters of share”).

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