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(영문) 수원지방법원성남지원 2014.12.03 2013가단217329
원상회복
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 5, 2007, the Plaintiff asserted as to the cause of the claim purchased the right to purchase the living countermeasure site to be supplied to the Defendant (hereinafter “right to purchase the living countermeasure site of this case”) by implementing the housing site development project from the Defendant, and around that time, paid KRW 93 million to the Defendant.

At the time of the above sales contract, the right to purchase the living countermeasure site of this case can only become the object of the supply of the living countermeasure site, and only the partnership can enter into the sales contract lawfully with respect to the living countermeasure site. In the case of the sales contract, only the change of the name as a whole can be possible only once, and it is not allowed for the partnership members to transfer their shares individually.

On June 20, 2008, D Union, the Defendant, whose members are members, was sold in lots in 567 square meters (the land substitution in F. 566.8 square meters in the area of Sungnam-si, Sungnam-si).

G Cooperatives (1 to 12 Cooperatives) and advanced DNA Co., Ltd. (hereinafter “KNC”) receive notification of cancellation of the above sales contract on May 6, 2008 on the grounds that H Co., Ltd. (hereinafter “H”) and the agreement, etc. on the construction of commercial buildings for livelihood countermeasures (each union transfers the status of purchaser under the sales contract on the land for livelihood countermeasures, and H newly constructs commercial buildings on the land and designates land and commercial buildings en bloc to persons designated by each union or association. Each union thereafter establishes G Co., Ltd. with the members who did not sell the land to the final purchaser or a third party as its shareholders and designated them as the number of buyers of the above supply) while entering into a business, and each union received a notification of cancellation of the above sales contract from H on the grounds that it did not pay down the down payment pursuant to the sales contract on the land and commercial buildings concluded in accordance with the above agreement, etc., and each union acquired the land as a residential countermeasure site through H to the third party.

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