(영문) 서울남부지방법원 2015.08.21 2013가단227376

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(영문) 서울남부지방법원 2015.08.21 2013가단227376

원상회복

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 2007, Sungnam-si, Korea Land Corporation, the Korea National Housing Corporation, and the Korea National Housing Corporation supplied residential facilities sites and neighboring commercial sites to the residents meeting certain requirements, such as the implementation company of the housing site development project in the Sungnam-si zone and the housing site development project on August 10, 2007. However, the residents selected as those eligible to be supplied with the housing site development project shall form a partnership in the form of a non-corporate group and publicly notify the residents selected as eligible to be supplied with the housing site development project to file an application for the supply of the housing site in the name of the association. 2) In order to develop the housing site to be supplied in the name of the association, the residents selected as eligible to be supplied with the housing site development project, entered into a contract on behalf of the members of the association, from August 2007 to June 28, 2008, and from June 21, 2012 to 12.

3) According to the articles of association of the trade association of the trade association of the trade association for the members of the trade association, a cooperative cannot enter into a contract for the purchase of land and withdraw from a cooperative before the transfer registration of ownership. In cases where withdrawal is inevitable due to the circumstances of a cooperative member, a cooperative succeeds to the rights and obligations of a withdrawing member, and where a cooperative intends to transfer the land supplied from a project operator prior to the transfer registration of ownership, it can only transfer the entire shares of the union member’s land, and it is not possible to individually transfer each share of the union member’s member’s member’s member’s member, and the trade association of which Defendant B belongs from the Korea Land Corporation on September 28, 2007.

B. As to the Defendants’ share acquisition agreement, the Defendants, each of whom is 26.4 square meters.

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