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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant is the head of the D District District Joint Project Association (hereinafter “instant association”) which completed business registration on November 20, 2003 for the purpose of constructing a main complex building on the said land by 20 owners of the land of Yeongdeungpo-gu Seoul Metropolitan Government 26 parcel of land (1643.24, one of the owners of the land of Yeongdeungpo-gu, Seoul Metropolitan Government 26 parcel of land. The Plaintiff is one of the members of the instant association, who owned the Seoul Yeongdeungpo-gu 26 parcel of land.
Article 5 (Implementation Method) (1) Members in a project implementation district shall invest the land owned by them in kind in the partnership in kind (entrusted with a trust registration), and the partnership shall select a constructor who has registered the construction business (hereinafter referred to as the "contractor") in accordance with the relevant Acts and subordinate statutes, and build main complex facilities, etc. (including incidental welfare facilities, such as shops; hereinafter the same shall apply).
(2) The bearing of project costs, such as the expenses and incidental expenses necessary for the use and disposal of sites, housing, etc. and the expenses incidental thereto, the liability for construction, the period of construction, and the liability for repairing defects, etc. shall be governed by the conclusion
Provided, That the Cooperative may conclude an execution agency contract for the execution of the party project and have the agency execute the project on its behalf.
(3) A project shall proceed in the form of a prop-joint project, and profits after the project implementation shall be fairly allocated in the ratio of partners' shares, based on the appraised value of each site.
Article 9 (Rights and Duties of Members) (1) Members shall have the following rights and duties:
1. Right to request the sale of complex facilities, etc. specified in the management and disposal plan;
2. The right to attend and speak at the general meeting and voting rights;
3. Right to elect executives and right to elect executives;
4. Claims for compensation for losses;
5. Obligations to pay dues, liquidation money, and losses incurred by delay (including delay of immigration, delay of contract, delay of dispute between the members, etc.);
6. Other matters to be resolved by the relevant Acts and subordinate statutes, this regulations and general meetings.