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(영문) 서울중앙지방법원 2017.11.14 2016나48975
어음금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff successor corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. D Superior Association (hereinafter “Seuri District Association”) was established as a member of the Defendant, etc., who is a person eligible to be supplied with a site for livelihood countermeasures in the Housing Site Development Project implemented by the Gyeonggi-do Urban Corporation.

B. 1) On April 23, 2009, the Gyeonggi-do Si Corporation announced the supply of the E-living Area as a project implementer of the said housing site development project. ① The eligibility for application for the supply of the E-living Area shall be the “cooperative consisting of persons selected and notified as eligible for the supply of the E-living Area” (Article 3), ② The Gyeonggi-do Si Corporation publicly announced that the change of the name (shares) of each member is not allowed (Article 9(1) 2) with respect to the restriction on the change of the name of the association member (Article 9(3) 2). On August 31, 2009, the Gyeonggi-do Si Corporation announced that “the change of the name (shares) of an individual member can be made two weeks from the date of the first contract, and the general meeting minutes (the change of the meeting minutes) with respect to the consent of all the association members and the list of association members (the seal affixed to all the association members) shall be submitted

[2] Paragraph (2) of this Article]

The purpose of Article 2 (Purpose) The association is to promote the common interest of members by obtaining sale of sites for neighborhood living facilities or commercial land (hereinafter referred to as "land") supplied to persons eligible for supply of land for daily countermeasures as part of living measures related to the development of E housing sites implemented by Gyeonggi-do, Suwon-si, Young-si, and Gyeonggi-do (hereinafter referred to as the "Corporation") and settling the profits of business losses on land, such as commercial construction.

Article 5 (Qualification) Members shall be persons selected by the Corporation as persons eligible for livelihood measures and who have submitted an application for joining a cooperative.

Article 6 (Rights and Duties of Members) Members of a cooperative shall have the following rights and duties in relation to the cooperative:

2. Right to speak and vote at a general meeting;

3. Payment of land purchase price, construction cost charges, and necessary expenses;

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