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(영문) 대구지방법원의성지원 2020.02.05 2019가단10813
약정금
Text

1. All claims filed by Plaintiff A Village Association and Plaintiff (Appointed Party B) are dismissed.

2. The costs of litigation are assessed against the Plaintiff A Village Association.

Reasons

1. Basic facts

A. The Plaintiff B and the designated parties are residing in the A village after filing a move-in report with the Seongbuk-gun Village A (road name address X, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, hereinafter “A village”) before or after March 25, 2009.

B. A Y Co., Ltd., a corporation operating a golf course business, etc. (hereinafter “Y”) promoted the construction of a golf course in the Z of the Gyeongbuk-gun, the neighboring area of the Ah village, in around 2010.

On March 25, 2010, Y made an agreement with the Plaintiff Village Association (hereinafter “instant agreement”) with respect to the construction of the above golf course.

AA Agreement on Civil Petitions following the formation of consortiums

1.YA development project shall be commenced in a development project by combining heat and sex so that it can benefit from the development of AB sources in the future;

3.Y shall make best efforts to prevent any damage to the farming and residential environment of residents in accordance with the AA Development Corporation;

4. The defendant shall contribute KRW 25,00,000 to the Village Development Fund prior to the commencement of the construction work for the welfare and environmental improvement of village residents.

5. The defendant shall separately pay KRW 500,000 per household for village residents and KRW 150,000 for each village resident.

6. Provided, That the provisions of paragraphs 4 and 5 shall apply only to the residents who have submitted the whole written consent (total joint signature book) to the defendant and the amount paid by each individual to the defendant for at least one year. 0. Y 2,00,000 won shall be subsidized every year at the expense of field trips for the advanced village residents of A-villages every year;

C. Since then, Y waived the construction of the above golf course, and the Defendant constructed and operates a golf course in the name of “AA” on the said land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant continues to use "A", which is the trade name of Y, and thus, the defendant is responsible for paying the claims under the agreement of this case pursuant to Article 42 (1) of the Commercial Act.

(b).

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