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(영문) 서울북부지방법원 2018.08.14 2017가단112635
확정배당금 청구의 소 등
Text

1. Defendant B D Co., Ltd. and Defendant B Co., Ltd are jointly and severally liable to the Plaintiff for KRW 11,00,000 and its amount.

Reasons

1. Basic facts

A. On March 27, 2014, E Corporation (hereinafter “instant construction”) rendered “Guidance for Site Supply to B-Gu Residential Housing Complex Development Project.” According to this, 75 persons subject to livelihood countermeasures shall be entitled to a right to be supplied with shares of less than 16.5m2 out of 16.5m2 in Seoul Central-gu, Jung-gu, Seoul (hereinafter “instant living countermeasure site”), which is a living countermeasure site. However, since only the persons selected as the persons subject to the supply of the living countermeasure site can become the persons subject to the supply of the living countermeasure site, only the partnership can enter into a sales contract on the living countermeasure site, and the change of the contractor’s name is permitted only when the entire partnership transfers the entire association, and it is not allowed to transfer the shares of each member of the association.

B. G was included in the list of subjects of livelihood measures attached to the “Guidance on Site Supply for the BB Living Countermeasures Operators.”

C. On May 9, 2014, the Plaintiff entered into a contract to purchase the right to sell commercial buildings of 16.5 square meters (5 square meters) out of the instant living countermeasure land (hereinafter “instant contract”) from Defendant C with H, and received various documents from Defendant C, such as a written confirmation of union members related to G’s shares, documents for securing commercial rights, and written application for union membership.

On September 12, 2014, Defendant BA (hereinafter “Defendant BA”) composed of the subjects of livelihood countermeasures, such as G, entered into a land sale contract for the instant construction project and the instant land for livelihood countermeasures. Around that time, Defendant D Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant”) was the implementer of the instant land for livelihood countermeasures, on August 19, 2014, pursuant to the instant land for livelihood countermeasures, notified that the land contract amount (11,00,000,000 won in the case ofG) necessary for the purchase of the instant land for livelihood countermeasures to be borne by its members should be paid to the Defendant Company’s account.

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