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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 24, 1999, Libernam-do Land Partition Co., Ltd. (hereinafter “instant land”) was authorized to implement a land readjustment project with respect to the remaining rate of 591,812m2m2 in Lindong-gun under Article 16 of the former Land Readjustment Project Act (repealed by Act No. 6252, Jan. 28, 200) by the Mayor/Do governor of the Gyeonggi-do on March 24, 199, part including “76 block one lot (area: 11,519m2)” in the said project area (hereinafter “instant land”).
After that, on July 23, 2008, the association obtained a modified authorization for the land partition project plan with the development cost of development recompense land of KRW 396,380 per square meter ($ 1.3 million per square meter).
B. On October 19, 2007, a cooperative entered into a contract for construction works with the Defendant Company on the implementation of site creation works, etc. in the project area. On June 26, 2010, the cooperative agreed that “the cooperative shall have the right to recompense for development outlay amounting to KRW 4.5.6 billion (1.3 million per annum, total amount of KRW 35,083 per annum) of the development cost at the time of authorization for modification of the land subdivision project plan on July 23, 2008, which was paid or should be paid additionally to the Defendant Company, shall be divided into the development cost (1.3 million won per annum, total of KRW 35,083) and trust to the trust company designated by the Defendant Company. As such, all disposal rights, such as sale of the entrusted land allotted for development outlay, etc. shall be held by the Defendant Company, and the proceeds from sale of the land allotted for development outlay shall
C. On December 31, 2010, the association and the defendant company, the company in charge of the infficien capital resolution, the company in charge of the Asian Trust Resolution (hereinafter referred to as the "inffici capital and the company in charge of Asian trust") shall deposit 35,083.1 of the entire development recompenses among the development recompenses on June 26, 2010 between the association and the defendant company with the trust in Asia, and the Asian trust shall pay the proceeds disposed of of the above physical expenses to the defendant company in the first order of beneficiaries and the second order beneficiary company.
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