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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On April 3, 2009, the AP Corporation publicly announced that the persons selected as subjects of living measures in relation to the F District Urban Development Project implemented in Gangdong-gu Seoul, Gangdong-gu, Seoul, would autonomously form an association and determine whether to supply the commercial land by drawing and enter into a supply contract with the association through the representative of the association.
B. A part of the persons selected as eligible to take measures for living had commercial lots sold and intended to develop commercial lots and form an association in order to earn profits therefrom. Accordingly, the G association (hereinafter “instant association”) was organized. The Plaintiff also filed an application for membership with the Plaintiff and became a member of the instant association.
C. The instant association has one president, one auditor, one secretary, and one president as its executive officers in its articles of association. The president was required to act on behalf of the president of the association (Article 9), and the officer was determined to be appointed at the general meeting of the association.
(Article 10(1). Accordingly, Defendant D was appointed as the president of the Partnership and the president of the Promotion Committee by Defendant B (former name: C).
Around May 19, 2009, the instant association filed an application for the supply of commercial land with EP on or around May 19, 2009, and received the allocation and supply of Gangdong-gu Seoul Metropolitan Government I block 65 square meters (hereinafter “instant commercial land”).
E. The instant association requested the members to pay the purchase price of the instant commercial land to each of its members. The Plaintiff, on March 5, 2010, remitted KRW 14,600,000 to Defendant B’s bank account as the purchase cost of the said commercial land.
F. On April 30, 2010, the instant association held a general meeting to transfer all the rights and obligations of the instant association to H (hereinafter “H”) that Defendant B was a director at the time of the instant association’s transfer of the agenda to H (hereinafter “instant general meeting”). The instant association passed a resolution of the members’ unanimous worth (hereinafter “instant general meeting”).
At the time, five of the members shall be 30.