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(영문) 광주지방법원 2016.08.09 2016가단502420
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of promoting the sound development of wholesale and retail business dealing with industrial products and promoting the promotion of mutual welfare among its members. The Defendants, prior to January 10, 200, invested one unit in Defendant B, C, and D, respectively, and Defendant E invested four units in the Plaintiff.

B. On March 6, 2001, the Plaintiff newly built a new commercial building and sold the said commercial building to the Defendants as listed below. The Defendants, a partner who paid the commercial complex development fund, sold the said commercial building at a discount of KRW 15,000,000 (Defendant E, 60,000,000) out of the basic sale price as listed below.

Defendant B 8,215/215, the discounted sale amount of Defendant C 135/215,00 won for Defendant C 109,50,500,000 won for Defendant C 5-dong 135/235, and KRW 94,500,000 for Defendant D 130/230,00 won for Defendant D 15-dong 130/230,00 won for 64,50,500 won for Defendant E 3-dong 135/235,000,00 won for 288,000,000,000 won for 36/237/237/237/237/238/238 of the same Act.

C. The Plaintiff’s articles of association provides that the person, etc. engaged in the same business type or related business type within the business territory of the association shall be qualified as a union member, and the union shall verify the qualification of union member for each fiscal year (see Articles 9(1) and (4)). In order to verify the qualification of union member pursuant to the above provisions, the Plaintiff shall notify the union member of the submission of a business registration certificate to the union member for a certain period, and shall be decided as the union member who submitted a business registration certificate. The union member who did not submit a business registration certificate shall be deemed to waive the union member’s rights, but the Plaintiff shall be classified as an associate union member who did not have a general meeting voting right and voting right. (2) On July 2, 2010, the Plaintiff convened the board of directors on July 2, 201

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