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(영문) 부산고등법원(창원) 2015.04.09 2013나2545
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against Defendant E, G, I, Network J, K, L, network M and N shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. In relation to Q Hot Spring Tourist Site Development Project (hereinafter “instant project”), the Plaintiff is a person entrusted by the R Hot Spring Tourist Site Development Association (hereinafter “the instant association”). The Defendants except the Defendant Changsi are the owners of the instant project site, and the Defendants were the members of the instant association, and Defendant Changwon-si (hereinafter “Seowon-si”), but the Mayor, the representative of the Changwon-si was incorporated into Changwon-si on July 1, 201, pursuant to Article 52(1) of the former Tourism Promotion Act (amended by Act No. 7232, Oct. 16, 2004; Act No. 7232, Apr. 17, 2005), pursuant to Article 52(1) of the former Tourism Promotion Act (amended by Act No. 7232, Oct. 16, 2004; Act No. 72323, Apr. 17, 2005).

B. When hot spring discovery report was received from the head of Changwon-gu, the competent administrative agency at the end of April 198, 190, which was the establishment of the instant association, around the end of April 198, and the report of hot spring discovery was received from the head of Changwon-gu, the competent administrative agency at the time of December 13, 1990, the Gyeongnam-do, on September 29, 1992, the Gyeongnam-do, Gyeongnam-do, designated the hot spring area as Tro notified Gyeongnam-do, and again, on August 7, 1995, the Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Mo 495,00 square meters

2) However, Defendant Changwon-si (hereinafter “ Changwon-si”) did not actively engage in promoting the instant tourist resort development project in accordance with the Tourism Promotion Act, although Defendant Changwon-si (hereinafter “ Changwon-si”) refers to an administrative agency, and in the absence of any special indication, the pertinent local government and administrative agency should be incorporated into the instant association on September 30, 200 for the creation of a hot spring tourist resort. Its owners constituted a Propup Association Promotion Committee on September 30, 200 and held an inaugural general meeting on October 3, 200 for the creation of a hot spring tourist resort and constituted the instant association consisting of all landowners in the instant tourist resort.

The main contents of the articles of incorporation are.

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