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(영문) 서울중앙지방법원 2016.02.25 2013가단5197801
약정금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 2003, Pacific Construction Co., Ltd. started the business of newly constructing and selling the penta (hereinafter “instant penta”) on the land of Gangseo-gun, Gangwon-gun, and 23 parcels, but thereafter suspended the construction due to default.

Accordingly, the buyers of the above pentaey completed the construction by acquiring all rights to the above land and the above ground buildings from mar Construction Co., Ltd. by forming the “LAD”) and completing the construction. The buyers of the above pentay completed the registration of ownership transfer and the registration of ownership transfer of the above land in the name of four members including the Plaintiff C, respectively.

B. Around June 2006, Plaintiff C, who was appointed as the president of the instant association, was incorporated on January 5, 2007, with 38 members of the instant association including the remaining Plaintiffs, and operated and managed the instant pension by March 6, 2010 as the representative of the Nonparty Company.

C. Upon the commencement of the voluntary auction procedure on April 17, 2009 by the application of the Credit Guarantee Fund, which is a part of the instant pension site, with respect to the N.S. N. N. 4752§³ (hereinafter “instant land”), the instant association constituted an extraordinary countermeasure committee (hereinafter “instant emergency countermeasure committee”) to hold an extraordinary general meeting on June 27, 2009 in order to resolve problems such as prompt measures following the progress of the auction by the Credit Guarantee Fund and the bankruptcy of the association that will occur in the future, and to delegate all the authority with respect to the exercise of voting rights to the said emergency countermeasure committee.

Defendant I was appointed as the chairman of the Emergency Countermeasure Committee on June 27, 2009, and the land of this case was established under the name of Defendant J Co., Ltd. (hereinafter “Defendant J”) after having been invested by the Plaintiffs, shareholders of the non-party company, Defendant I’s branch, etc.

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