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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiffs are members of the T apartment reconstruction association established to reconstruct the land of Busan Jin-gu, Busan and 16, and the defendantO is the head of the above association, and the defendant Q, R, and P were the directors of the above association.
B. The TRIPS Reconstruction Association and the Prostitution Development Co., Ltd. (hereinafter “Lapsung Development”) entered into a T Apartment Reconstruction Association agreement, which affected the ground of the building adjacent to the new construction site due to an error in the construction of the apartment.
Therefore, leap development purchased land in the attached list (hereinafter referred to as “instant land”) adjacent to T Apartment as compensation by means of purchase from U or government or public land, and completed the registration of ownership transfer in the name of T reconstruction Association.
C. On December 14, 201, the TRIPS Association sold the instant land in KRW 774,515,257, and there was no resolution made at the general meeting of the Reconstruction Association during the sale process.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 3, 11, Gap evidence 16-1, 2, Gap evidence 20, 38, 39, the purport of the whole pleadings]
2. The gist of the plaintiffs' assertion is that the defendants asserted that they arbitrarily disposed of the plaintiffs' land trusted in the name of T reconstruction Association without the resolution of the general meeting of the association members or the consent of the association members while in office as the president or director of T reconstruction Association, and incurred losses to the plaintiffs. The defendants claim payment of KRW 560 million, which is part of the damages claimed as tort damages claim, and damages for delay.
3. Determination
A. The defendants' judgment on this safety defense is the non-corporate association, and the plaintiff is a member of the lawsuit of this case, which is a lawsuit on collective ownership property.