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(영문) 인천지방법원 2015.01.27 2013가합36299
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. On September 3, 2007, the Plaintiff entered into a sales contract between the Plaintiff and C and D (hereinafter “C, etc.”) and the Plaintiff: (a) on September 3, 2007, the joint seller, etc.: 579 square meters of forest E, 579 square meters of forest land, and F forest land owned by D; (b) 579 square meters of G forest owned by C; and (c) 578 square meters of H forest land (F, G, and H forest land was merged into E forest on August 14, 2009; and (c) the combined forest was converted into 2,294 square meters of forest land (hereinafter “instant forest”).

[2] Purchasing 300 million won (hereinafter “instant sales contract”)

(2) On January 14, 2008, the Plaintiff established a social welfare foundation L (hereinafter “L”) in the forest of this case through the Plaintiff’s wife, and took office as L’s representative, and K was appointed as L director. The Plaintiff was appointed as L director when the Plaintiff was appointed as L director.

3) On March 28, 2008, C, etc. received any balance under the instant sales contract from the Plaintiff, and subsequently, on March 29, 2008, the agreement between the Plaintiff and the Plaintiff that donated the instant forest land to a social welfare foundation designated by the Plaintiff (hereinafter “instant agreement”).

On October 30, 2008, C et al. concluded the instant agreement and prepared a certificate of property contribution to contribute the instant forest to L, designated by the Plaintiff. (B) On November 1, 2008, the Plaintiff amended Articles 1 (Purpose) and 4 (Business) of L’s Articles of Incorporation to operate a welfare facility business for the aged using the instant forest in the name of L in order to operate the welfare facility business for the aged using the instant forest in the name of L, while amending the Articles of Incorporation to include the instant forest in the basic property of L in the contents of L’s articles of incorporation. However, the amendment of Articles of Incorporation was made from the competent authority.

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