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(영문) 광주고등법원 2016.07.22 2015나1146
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant's purport of the claim is against the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a cooperative established on July 1, 1993 for the purpose of promoting the sound development of C and the promotion of welfare among its members. The Plaintiff was a member of the Defendant until June 201.

B. On December 24, 1997, the Defendant received approximately KRW 31,307,750 per unit from union members, such as the Plaintiff, etc. to create D and completed the registration of ownership transfer in the name of the Defendant, after purchasing a notice of square meter from the Korea Land Corporation in Gwangju Seo-gu on December 24, 1997. On August 24, 2003, the Defendant completed the registration of ownership transfer in the name of the Defendant. After doing so, on August 2003, the Defendant was the Namyang Construction Co., Ltd. and the said land F1,2 complex (hereinafter “instant 1,2 complex”).

A) A contract for construction work was concluded, and the construction work was completed around December 2004. 2) The instant complex shopping complex sales was completed by giving priority to the members including the Plaintiff, but the instant complex shopping complex sales was completed. However, as a result of the general sale, the instant complex shopping complex shopping complex shopping complex sales did not reach 206 debentures, and the Defendant did not pay the remainder of the construction work price for the instant two complex shopping complex construction company.

C. The Defendant’s execution of the instant loan and joint and several sureties 1) on January 14, 2005 and the special general meeting on January 29, 2005 (hereinafter “the first general meeting of this case”) for the payment of the said construction cost.

A) Each member shall hold a meeting and pay 50,000,000 won per unit to the defendant, and the defendant shall allocate three commercial buildings in the two complex per unit to the members of the association and sell them in lots. The member who lacks financial resources shall be the principal debtor and the member shall be provided with the commercial buildings assigned to him/her as security to the financial institution, and 50,000,000 won per unit shall be loaned to the financial institution, but the defendant shall pay the interest of the loan until the transfer registration of ownership in the name of the individual partner is completed. (ii) Accordingly, the plaintiff who holds the share in the three unit of the two complex of this case among the total 98 units of commercial buildings of this case.

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