logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.06.05 2013가합9252
매립비반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The main contents of the Defendant Cooperative’s articles of association are as follows, as a non-corporate group established by each small and medium enterprise located in Gyeyang-gu Incheon, Incheon, to create a new relocation complex according to the development of M Park at the time.

Article 4 (Projects) The Association shall carry out the following projects:

(2) The project for selecting a substitute factory site and purchasing occupied land necessary for the workplace of its members shall be promoted.

Article 5 (Finance) (3) Expenses incurred until the selection and purchase of a substitute site shall be appropriated with membership fees, and purchase funds after the selection of the site shall be paid by members.

Article 7 (Rights and Obligations) (4) The liability to pay construction costs and necessary expenses arising from construction after the purchase of a site after the purchase of a site shall be classified into an ordinary general meeting, an extraordinary general meeting, and a representative general meeting of delegates. Article 15 (Resolution of General Meeting) The following matters shall be subject to a resolution by the general meeting:

(5) Matters concerning the dissolution of a union shall be prescribed ① Appointment of a liquidator for settlement by convening a general meeting at the time of dissolution of a union, and the liquidation committee shall be established and the dividends shall be paid to all the union members after identifying assets.

(1) The dissolution order of the competent authority for dissolution of all members shall be made by a resolution of a general meeting with respect to the dissolution and settlement of this association.

Article 20 (Liquidation) The liquidator shall be elected by election of cooperative members at the time of occurrence of a cause of dissolution of the principal cooperative.

B. The Defendant Cooperative’s purchase of the instant project site and the recruitment of its members to the Defendant Cooperative’s purchase of land of 152,332 square meters in Seo-gu, Incheon (hereinafter “instant project site”) around May 2003 as the site for the relocation complex development project, and the said land from around that time until October 2005.

arrow