201 Ghana 32826 Damages

A

B

December 19, 2011

December 29, 2011

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

The defendant shall pay to the plaintiff 10 million won with 5% interest per annum from the day after the delivery of a copy of the complaint of this case to the day of adjudication, and 20% interest per annum from the next day to the day of complete payment.

1. Facts without dispute;

A. The defendant is the owner of each share of 3.6/204.6 (hereinafter referred to as "each share of this case") of Yeongdeungpo-gu Seoul Metropolitan Government or D Land (hereinafter referred to as "each land of this case").

B. The F Urban Environment Improvement Association (hereinafter referred to as the “instant association”) established on January 12, 2005 with the project implementation district consisting of 8,368.9 square meters of land E site in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, including each of the instant land, as the project implementation district.

C. On June 5, 2006, the Defendant sold each of the instant shares and 30 square meters to the Plaintiff at KRW 450,000,000, and the Plaintiff completed the registration of transfer on July 5, 2006 for each of the instant shares.

D. On March 6, 2008, the defendant prepared and delivered a letter (Evidence A 3-2) stating that " will compensate the plaintiff for property damage in the event that the right to sell the shares of this case is not guaranteed." (hereinafter referred to as "each letter of this case").

E. At present, each of the instant lands is co-owned by several persons other than the Plaintiff.

2. The plaintiff's assertion

A. The Plaintiff anticipated to receive the right of sale from the instant association, and purchased each of the instant shares from the Defendant, and the Defendant agreed to compensate for damages unless the right of sale is guaranteed.

B. Each of the instant lands constitutes multiple co-ownership, and only one representative can become a partner. However, as the Defendant did not appoint the Plaintiff as a representative, the Plaintiff did not have been recognized as a member of the instant association, and did not have the right to sell.

C. Since the right to sell the instant association is traded at least at least 100 million won at premium, the Defendant shall pay the Plaintiff KRW 100 million and damages for delay with compensation for damages under the above letter.

3. Determination

A. The facts that each of the lands of this case is owned by several persons, other than the plaintiff, are as mentioned above, and if Eul evidence Nos. 5 and the purport of the whole pleadings is added to the result of the fact inquiry into the union of this case, Article 19 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of Feb. 6, 2009) provides that "the association members of the rearrangement project shall be landowners, etc., but if the land or buildings and superficies belong to several co-ownerships, they shall be regarded as one association member representing the number," and Article 9 (4) of the articles of the association of this case shall be regarded as one association member representing the number of co-ownerships pursuant to Article 19 (1) of the above Act. In this case, the representative shall be designated as the representative member, and a juristic act of the association members shall be done as the representative member, and the representative member shall not be appointed."

B. Thus, the plaintiff's claim on the premise that the plaintiff's member's qualification and the right to purchase the shares of this case was not confirmed, and therefore, the plaintiff's claim on the premise that the right to purchase the shares of this case cannot be received.

4. Conclusion

The plaintiff's claim is dismissed, and the costs of the lawsuit are assessed against each party. It is so decided as per Disposition.

Judges Noh Dong-nam

1) The Plaintiff’s right to parcel out and the right to parcel out indicated in each of the instant notes constitutes a right to actually file an application for parcel out with the instant association, or a right to parcel out a building from the instant association, as a right to parcel out the building.