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(영문) 대구지방법원의성지원 2020.02.05 2019가단10073
약정금
Text

1. All claims filed by Plaintiff A Village Association and Plaintiff (Appointed Party B) are dismissed.

2. The costs of litigation are assessed against the Plaintiff A Village Association.

Reasons

1. Basic facts

A. The Plaintiff B and the designated parties are residing in the A village after filing a move-in report with the Seongbuk-gun Village A (road name address address: the Sung-gun of the Gyeong-gun of the Gyeong-gun of the Gyeong-do (hereinafter “A village”) before or after March 25, 2009.

The defendant is a juristic person running a golf course business, etc.

B. Around 2010, the Defendant promoted the construction of a golf course in the Z of the Gyeongbuk-gun, the neighboring of the A Village.

Upon the filing of a claim by the residents of A in relation to the construction of the above golf course, on March 25, 2010, the Defendant agreed with the Plaintiff Village Association (hereinafter “instant agreement”) as follows.

AA Agreement on Civil Petitions following the formation of consortiums

4. The defendant shall contribute KRW 25,00,000 to the Village Development Fund prior to the commencement of the construction work for the welfare and environmental improvement of village residents.

5. The defendant shall separately pay KRW 500,000 per household for village residents and KRW 150,000 for each village resident.

6.Provided, That paragraphs 4 and 5 are limited to a resident of at least one year in whose case the whole written consent of the village resident of A (total joint signature book) shall be submitted to the defendant and the individual payment shall be made.

Since then, the defendant renounced the construction of the above golf course, and the corporation AB, a corporation operating the golf course business, etc., constructs and operates a golf course with the name "AA golf club" on the above land.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 evidence, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. 1) The plaintiff A Village does not constitute a non-corporate body with the party ability. 2) The plaintiff A Village Association filed a lawsuit without a legitimate general assembly resolution. Thus, the plaintiff A Village Lawsuit is unlawful.

B. The decision-making institution and decision-making institution with its own purpose of determining the absence of party ability defense with the nature of the non-party ability as its members.

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