logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.18 2016가합7758
공동사업시행약정해제확인 등
Text

1. The plaintiff was based on the joint project implementation agreement concluded between the plaintiff B and the defendant on June 25, 2010.

Reasons

1. Facts of recognition;

A. The Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) under the process of land expropriation in order to build a new city scale public housing, etc. in the Namyang-ju D zone. As part of the compensation for expropriation, the Korea Land and Housing Corporation granted the residents who reside or engage in commercial activities the right to purchase six or eight square meters of land for each individual among the designated land for living measures in the D Housing Site Development Zone. (2) As above, the residents entitled to purchase the land for livelihood measures as mentioned above were respectively established E 1,2,4,5,6,7 cooperatives and F1,3,5,5,65, and6 associations (hereinafter “each association of this case”) to integrate the land supplied by each individual on a certain scale and distribute profits by constructing and selling the land on the site.

3) Since each of the instant associations did not have financial capacity to purchase the land for taking measures, each of the instant associations established a separate corporation and purchased the said land for taking measures through the PF loan by the said corporation, and then build and sell commercial buildings (hereinafter “instant building project”).

A) On the other hand, each of the instant unions decided to proceed with the instant trade associations. Meanwhile, each of the instant unions did not have the ability or experience to carry out the instant projects and did not participate in the instant projects by the Defendant Company, which was operated by G, H, and I. On the other hand, each of the instant unions was mixed with the cooperatives authorized to purchase the 8th average daily life countermeasure site for each individual (hereinafter “1 military cooperatives”) and the cooperatives authorized to purchase the 6th average daily life countermeasure site for each individual (hereinafter “2-Gun cooperatives”). In order to prevent possible disputes in the future, each of the instant unions tried to separate each of the instant unions from each other.

Accordingly, each association of this case shall contribute to the purchase right of the living countermeasure site between the defendant and the defendant on May 12, 2010, and the defendant shall raise funds necessary for the execution of the business.

arrow