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(영문) 광주고등법원(전주) 2016.12.08 2013나3595
약정금
Text

1. Of the judgment of the court of first instance, the part relating to the Defendants, including the claims modified in the trial and added by the court, are as follows.

Reasons

1. Basic facts

A. On May 7, 2005, the Plaintiff is an incorporated association (hereinafter “AG association”) to operate a motor vehicle grouping business on May 7, 2005.

The head of AH and AI (AG Association Jeonju City Branch of the AG Association) was the head of the partnership.

AJ, AK, and V are corporations established. At present, AI and AJ own 25% equity shares, and AH holds 50% equity shares, respectively. 2) The Defendants are those persons who completed the registration of ownership transfer from the Plaintiff on commercial buildings (hereinafter “instant commercial buildings”) which are related facilities, such as the sale of cars newly constructed on the land outside the Seoul-gu AF in Seoul Special Metropolitan City and 43 lots of land (hereinafter “instant commercial buildings”). Defendant B, D, E, E, F, G, N, R, Z, Z, and AA are those who join the AG association while operating the automobile transaction business, and Defendant P and Defendant Q, Defendant M and Defendant N are each married couple, and Defendant AB and Defendant AA are between the head and Defendant AA.

B. On March 2006, the Jeonju-si Branch of the Association Jeonju-si Branch of the Association Jeonju-si (hereinafter “former-si Branch of this case”). The Jeonju-si Branch of this case sold the land to be supplied for the use of the used motor vehicle sale complex in the “N complex open bid for the used motor vehicle sale complex” in the “former-si Branch of the Association Jeonju-si Branch of this case” (hereinafter “former-si Branch of this case”). The Jeonju-si Branch of this case was determined to be supplied with the results of the bid for the sale of the used motor vehicle.

B. AP, which purchased the above land, created a used car sales complex on the above land and completed it on January 2009, and on April 15, 2009, "APP cooperative" was established separately from AG cooperative.

2. On January 12, 2009, the board of directors of the Jeonju-si branch of the relevant Jeonju-si branch of the instant Jeonju-si branch opened a temporary directors' meeting on January 12, 2009, creating a used motor vehicle complex in the vicinity of the AM stadium located in Seojin-gu Seoul Metropolitan City.

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