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(영문) 부산지방법원동부지원 2013.10.15 2011가단33124
약정금
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant V Village was an organization established with certain qualifications among the residents residing in the X-gun, Busan, the Busan, as its members. Defendant V Village was holding the Busan, Y Land (hereinafter “instant land”) and the community hall on its ground. Defendant V was in office as the head of the Defendant V Village Association from June 15, 2006 to April 6, 2010, and the Plaintiffs were the members of the Defendant V Village Association as the residents of the V Village.

B. As V villages are included in the building site for the dong Busan Urban Complex Development Project implemented by the Busan Urban Corporation, Defendant V Village was transferred from the Busan Urban Corporation the sum of KRW 2,949,358,330 (hereinafter “instant compensation”) to the bank account in the name of Defendant W on June 28, 2007 and September 19, 2007 as the compensation for the expropriation of the entire community facilities, such as the instant land and the community hall, etc.

C. On the other hand, on November 30, 2006, Defendant V Village Association held a general meeting on November 30, 2006 and confirmed 66 members including the Plaintiffs, and prepared the rules of V Village Association. The main contents are as follows.

[The main contents of the V Village Association Regulations] The purpose of this Rule is to promote the rational operation and development of the X-gun, Busan Metropolitan City, and to promote friendship among residents and to promote democratic development of this village, by the co-operation of the residents residing in the V Village.

Article 4 (Projects) To achieve the purpose prescribed in Article 2, the following projects shall be carried out:

1. A village accommodation project;

2. Common interests and income projects of village residents;

3. Social, cultural, educational, sports, and farming projects;

4. Other projects necessary for this village (Qualifications for Members) The qualifications for members of this village conference are as follows:

1. In principle, one house shall be held among the actual residents who own a house in this village for at least ten years and whose resident registration is recorded;

2. Even if a taxpayer does not own a house, he shall be entitled to membership.

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