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(영문) 울산지방법원 2018.01.26 2017가단13990
부동산매입비반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A market shopping district promotion project cooperative (hereinafter “the cooperative of this case”) is an organization formed with 51 merchants registered as private entrepreneurs in the pertinent market for the purpose of the sound development of the shopping district in the Dong-gu Seoul Special Metropolitan City and the promotion of mutual welfare among its members.

The association of this case completed the registration of incorporation on May 12, 2003 with the authorization of establishment from Ulsan Metropolitan City on May 3, 2003.

B. The Plaintiff was elected as the first president at the inaugural general meeting of the instant association held on February 24, 2003.

The plaintiff has completed the one-year term of office on February 24, 2004, and was reappointed at the ordinary general meeting on February 23, 2007, and completed the three-year term of office on February 23, 2007.

C. On December 15, 2003, the instant trade association completed the registration of ownership transfer in its name as to each real estate listed in the separate sheet (hereinafter “instant commercial building”).

The instant association held a general meeting on February 24, 2007 and elected Defendant B as the president.

E. On March 26, 2010, the instant association was dissolved by a resolution of the general meeting. On August 26, 2010, the association registered in the Jung-gu Office in Ulsan Metropolitan City as a Association of Merchants (hereinafter “the instant Association of Merchants”) pursuant to Article 65(3) of the Special Act on the Development of Traditional Markets and Shopping Districts and Article 12(7) of the Enforcement Rule of the same Act.

F. The instant association and the instant merchants’ association agreed to succeed to all rights and obligations of the instant association.

On April 27, 2011, the merchants association of this case completed the registration of transfer of ownership in its name (hereinafter “registration of transfer of ownership”) on the grounds of donation on February 24, 2011.

G. On November 11, 2014, H completed the registration of the establishment of the Plaintiff A Market Promotion Cooperatives with the head office of Ulsan-gu I and the chief director H as H.

[Reasons for Recognition] Gap evidence Nos. 2 through 5, 16, Eul evidence Nos. 1, 3 through 6, 12, and 15 (including branch numbers), the purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits is delivered to the plaintiff.

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