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(영문) 인천지방법원부천지원 2016.09.22 2015가단29413
청구이의의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person eligible for a land for living countermeasures in the district, who has the right to receive 27 square meters of the commercial site from the Korea Land and Housing Corporation (hereinafter “instant right to receive the land”). The Defendant is the chairperson of the D Association (hereinafter “instant association”).

B. On July 21, 2015, the Plaintiff entered into a contract with the Defendant to transfer the right to receive the instant land in the purchase price of KRW 11 million (hereinafter “instant transfer contract”). The key contents are as follows.

1. On July 28, 2015, “A” (referring to the Plaintiff; hereinafter the same shall apply)’s right sale contract deposit and intermediate payment shall be paid to “B” (referring to the Defendant; hereinafter the same shall apply) to “A”, and the remaining amount shall be paid to “B” to “B” when the right is succeeded (title transfer) to “B.”

3. The LH land down payment of the instant association in the name of “A” shall be paid to “B” in the name of “B” until “B” succeeds to “B.”

4. “A” shall comply with the articles of incorporation of the instant association set forth in “B”.

5. “A” shall, in the future, cooperate with the Association’s articles of incorporation, minutes of inaugural general meeting, names of partnership representatives and employees, power of attorney, registration of partnership offices and contract for the sale of land to “B” by the time of succession to rights (transfer of names). “B” shall provide all all documents (including submission of certificates of seal impression and seal impression seals each time).

6. Since one of the 30 persons of the instant partnership may become the withdrawing party, the entire 30 disadvantages and losses shall be incurred, and the guarantee and harden contract promise within the time of the prevention of withdrawal and the succession of rights shall be notarized by up to 30 million won of the promissory note, and “B” shall be returned to “A” and discarded at the same time as the succession of rights.

10. If the inheritor of “A” or “A” is the above sales contract.

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