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(영문) 인천지방법원 2018.10.26 2017가합61767
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. According to Article 7 and Article 8 of the Addenda of the Korea Land and Housing Corporation Act (Act No. 9706, May 22, 2009), the Korea Land and Housing Corporation shall be deemed to be merged with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation. The Korea Land and Housing Corporation comprehensively succeeded to the property, bonds, debts, and other rights and obligations of the Korea Land and Housing Corporation and the Korea Land and Housing Corporation. Around October 2008, when implementing the C Development Project, a person eligible to be supplied with land for livelihood countermeasures within the above project area (hereinafter “person eligible to be supplied”).

(2) On May 25, 201, the head of the Korea Land and Housing Corporation (the head of the Seoul Land and Housing Corporation) sent a “Guide for the supply of land for livelihood countermeasures” to the Korea Land and Housing Corporation as a unit of the association, while selecting and notifying the eligible suppliers of the land, and allowing them to file an application for purchase of land for livelihood countermeasures by the association.

The “public announcement of the supply of land for livelihood countermeasures” was made to supply land to a cooperative composed of supply recipients, which is large 858 square meters (hereinafter “instant land”).

According to the above notice, the change of the name and shares of each member is not allowed.

3) On June 17, 201, 34 persons selected as eligible suppliers, such as F, were to hold an inaugural general meeting and establish a World Trade and Housing Corporation with the aim of acquiring land in this case from the Korea Land and Housing Corporation in lots and distributing profits through its disposal (trade, construction and sale of buildings), and F was appointed as the representative of the Association (the president of the Association).

B. On January 31, 2012, the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, including the instant site sales contract, and the BSA shall supply the instant site in KRW 3,075,220,000, and the said purchase price shall be divided into seven occasions, including the contract deposit.

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