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(영문) 부산지방법원동부지원 2015.07.23 2014가합102523
회원지위 확인의 소
Text

1. The plaintiffs confirm that they are members of the defendant.

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

Reasons

1. Basic facts

A. On April 25, 2012, this Chapter D, the Plaintiff A, E, and F, as the representative of C Village residents located in Busan-gun G, drafted a written agreement with the Korea Electric Power Corporation (UHV Development Team) Busan-do. The main contents are as follows:

1. The Korea Electric Power Corporation’s UHV development team (hereinafter “Korea Electric Power Corporation”) shall support the regional support project cost of KRW 20,000 ( KRW 220,00,000) to support the resident accommodation project of the C Village located in Busan-gun G (hereinafter “C Village”) in Busan-gun G;

(hereinafter referred to as "the subsidy of this case") 2. Execution, operation, and follow-up management of the local support project cost shall be implemented on the c village side, and the local support project cost shall be paid according to the contents of the project by dividing it into commencement, middle and remainder, and the local support project cost shall be deposited into the head of the Tong (including the resident representative) opened by the C Village side at the written request of the C Village side.

3. According to the implementation of this Agreed, the civil petition of C Village shall be complete and shall not be subject to civil or criminal objections in connection with this Project as well as any interference with construction.

5.After completion of the 5th approval of the H non-permission remaining steel tower, the local assistance project costs under this Agreement shall be paid and all actions filed against the Secretary-General shall be withdrawn.

B. On January 18, 2013, the Defendant purchased the I land in Busan-gun (hereinafter “instant land”) with the instant subsidy in KRW 210 million and completed the registration of ownership transfer on March 14, 2013.

C. Meanwhile, on December 25, 2006, the Defendant enacted the “C Village Association’s Articles of Incorporation”. Article 5 of the Articles of Incorporation provides that with respect to the qualification of the Defendant’s membership, “this member is limited to a household owner who owns and resides in a village located in G since 2006 and has been actually residing in this village as of December 25, 2006. This member is deemed to lose the membership in this meeting from the date of the village transfer.”

December 25, 2006

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