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(영문) 의정부지방법원 2018.07.26 2016나62522
손해배상(기)
Text

1. The judgment of the first instance court, including the plaintiff's claim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On August 21, 2008, the Plaintiff, the Defendant, C, D, E, F, G, and seven persons (hereinafter collectively referred to as “identical persons”) decided to jointly purchase the housing site in order to build the friendly housing that will reside after departure from Korea. On November 21, 2008, the Plaintiff purchased approximately 3,140 square meters of eight parcels, such as H, I, J, K, L, M, N, N, andO (hereinafter referred to as “instant real estate”), and completed the registration of ownership transfer in the future for the same persons.

B. At the time, club members agreed to have rights and duties in relation to the entire real estate of this case by setting the ratio of shares of Plaintiff 640/3,140: Defendant 1,200/3,140: C 400/3,140: D 300/3,140: E 200/3,140: F 200/3,140: G 200/3,140: 140; and accordingly, each group of club members agreed to have rights and duties in accordance with the above ratio of shares; accordingly, the purchase price of the real estate of this case was settled according to the above ratio of shares.

C. At around 2012, club members entered into a partnership agreement (hereinafter “instant partnership agreement”; and on April 20, 2014, where the association established under the said agreement stipulated the content of the instant partnership agreement, and the main contents are as follows, to establish a camping site in the south space of the instant real estate until all club members complete occupancy.

-the exercise of rights (sale, provision of security, etc.) by club members can not be independently and must obtain the consent of all the club members.

-for the same persons shall invest by their respective shares, and distribute profits and losses in accordance with their shares.

- The construction of the instant real estate and the operation of the P Camp doping (hereinafter referred to as the “camp doping”) are to operate the Plaintiff’s representative.

- Other important decisions, upon consultation with each other, shall be determined and shall be approved by at least 3/5 of the total share.

Since then, while the plaintiff was in charge of the creation and operation of the camping site of this case, it is between the same persons.

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