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(영문) 울산지방법원 2018.12.13 2018가합844
대의원회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company operating a housing construction business, etc., and the defendant is a land partition association established for the purpose of a land readjustment project for the Ulsan-gu B Dong zone in Ulsan-gu around 1993.

B. On May 22, 2009, between C and the Defendant, the Defendant guaranteed the Plaintiff’s construction contract for the construction work between C and C Co., Ltd. (hereinafter “C”), the construction work for the land readjustment project (hereinafter “instant construction work”) by making the total contract amount to KRW 15,290,000,000, and the payment of the contract amount to be paid as the land allotted by the authorities in recompense for development outlay was concluded (hereinafter “instant construction contract”). The Plaintiff guaranteed the Plaintiff’s duty related to the construction work.

C. On May 22, 2009, the Plaintiff, the Defendant, and C agreed to approve that C transferred the land allotted by the authorities in recompense for development outlay from the Defendant to the Plaintiff (hereinafter “instant land allotted by the authorities in recompense for development outlay”) and to register the said land as owned by the Plaintiff on the management ledger of the land allotted by the authorities in recompense for development recompense.

The Plaintiff, after selling the land allotted by the authorities in recompense for development outlay to E Regional Housing Association, intended to implement a new construction project of apartment houses of E Regional Housing Association. For this purpose, the Plaintiff filed an application with the Defendant for changing the name of the owner of the land allotted by the authorities in recompense for development recompense from the Plaintiff to E Regional Housing Association.

E. On January 20, 2015, the Defendant passed a resolution of the board of representatives on January 20, 2015, held a board of representatives on January 20, 2015, and lost the execution capacity of C, a contractor, and thus the instant construction was de facto interrupted from around 2013, and the Plaintiff, a construction guarantor, and a group of land secured for development recompense, should complete the rearrangement project, and the Defendant’s pending issues are resolved, under the name of ownership on the register of land secured for development recompense of development recompense for the group owned by the Plaintiff.

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