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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The non-party C Co., Ltd. (hereinafter “C”) was the executor of the business that newly constructs and sells the F main apartment on the land outside Daejeon Seo-gu E and three parcels (hereinafter “F”), and the non-party D Co., Ltd. (hereinafter “D”) was the contractor and carried out the F new construction work.
B. On July 24, 2005, in order to resume the Newly interrupted construction, the FF Corporation was suspended due to the shortage of business funds between C and D, and the number of buyers of each F household was established by holding a general meeting of F Sellers and establishing the FF Prevention Committee (hereinafter “Countermeasures Committee”), and the Defendant’s father, G, etc. was elected as joint representatives.
C. On July 26, 2005, the Countermeasure Committee decided to change the name of the F owner from C and D to the person designated by the buyer from C and D. On July 27, 2005, the Countermeasure Committee decided to change the F owner’s name to H Co., Ltd. (hereinafter “H”) in which G held the office of representative director as a way to secure the rights of the F buyer. The Committee selected H as a corporation representing the F buyer in order to apply for the provisional injunction against the change of the name of the owner against C and D in the name of H.
Around August 2005, I, who has substantially managed C and D, prepared a written consent to the Countermeasure Committee that the representatives of the Countermeasure Committee, such as G, will not dispose of F at will without the consent of the Countermeasure Committee, and deliver it to the Countermeasure Committee.
E. On February 9, 2006, the Countermeasure Committee and H entered into a contract with C and D to acquire all business rights regarding F new construction and sale from C and D (hereinafter “instant contract for transfer and acquisition of business rights”).
F. Accordingly, the Countermeasure Committee shall decide to waive the implementation of the plan to change the name of the F owner to H, and shall complete the F as soon as possible and have the buyers of each F generation C and D individually.