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(영문) 서울고등법원 2015.08.25 2014나2051037
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 2003, Pakistan Construction Co., Ltd. started the business of newly constructing and selling the penta (hereinafter “instant penta”) on the land (hereinafter “instant land”). However, on the other hand, the construction was suspended due to the default of payment.

Accordingly, the buyers of the instant pension completed the construction by acquiring all rights to the instant land and buildings from the Pakistan Construction Co., Ltd. by forming the “AP DP Parcelling-out Association” (hereinafter “the instant association”). The buyers of the instant pension completed the construction by obtaining the transfer of all rights to the instant land and buildings, and completed the registration of ownership transfer and the registration of ownership preservation for the instant land buildings in the name of four members including the Plaintiff B.

B. The members of the instant association, including the Plaintiffs, established A (hereinafter “A”) on January 5, 2007 for the purpose of developing and operating the penta complex.

C. Upon the commencement of the voluntary auction procedure on April 17, 2009 with respect to part of the instant land by the application of the Korea Credit Guarantee Fund, a mortgagee, on June 27, 2009, the instant association constituted an extraordinary countermeasure committee (hereinafter “instant emergency countermeasure committee”) to hold an extraordinary general meeting on June 27, 2009 in order to resolve problems with respect to prompt measures following the progress of the auction and all risks of the association, such as bankruptcy of the association that will occur in the future. A resolution was passed to delegate all the authority to the instant emergency countermeasure committee on the operation of the association and the sale of the

On the same day, the Defendant was appointed as the Chairperson of the Emergency Countermeasure Committee and was in charge of overall management and sale of the instant penture. From November 9, 2012 to May 9, 2013, the Defendant was employed as an internal director who is the representative of A.

The Defendant, as the operator of Pyeongtaek-gun AR Corporation located in Pyeongtaek-gun, Gangwon-do, letter of debt undertaking, shall pay his own money out of its operating funds, the amount of which is KRW KRW 300,000,000 from March 25, 2010 to October 31, 2012.

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