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(영문) 부산고등법원 2018.08.23 2016나51347

약정금

Text

1. The part against Plaintiff B in the judgment of the first instance, including the Plaintiff’s change and additional claim.

Reasons

1. Basic facts

A. Since the process of the establishment of the Defendant Company and the promotion of the extension project of the E-Live Fishing Ground in Busan Metropolitan City (1) around 2002, the Suwon-gu concluded that the E-Live Fishing Village Co., Ltd., a private investor, and the E-Live Fishing Village Co., Ltd. and the land to be created by reclamation of public waters due to compensation for fishery loss caused by the said construction works, etc., the E-Live Fishing Village Co., Ltd., and the E-Live Fishing Village Co., Ltd. (hereinafter “the E-Live Fishing Village Co., Ltd.”) newly constructed a active fishing board of 800 square meters above the total floor area of the 2nd above ground (including the basic construction that can extend three floors thereafter) and provide E-Live Fishing Village or its members to 197 of the E-Live Fishing Village or its members. 2) who received compensation for loss as above (hereinafter “right holder”) opened a general meeting on March 23, 2006 to efficiently process the new construction or extension of the active fishing ground.

3) In the process of consultation on the new construction and extension of the active fish board, the promotion committee proposed that H purchase of the ownership No. 201, the right to extend the third to seven stories above ground, and the right to a site on the second to seventh stories above ground from H in the active fish board amounting to KRW 5.750 million. On March 15, 2007, the general assembly resolution was reached with the consent of the conclusion of the sales contract. 4) H used the name of its wife B, Plaintiff A, and Defendant D in its name to promote the project, such as the extension of the active fish board (hereinafter “instant extension project”).

M has been changed to L thereafter.

In addition, on March 13, 2007, the Defendant Company established the Defendant Company (hereinafter “Defendant Company”) on March 13, 2007 by investing KRW 100 million in the Company, but was changed in C on March 31, 2012 to K on July 6, 2016.

Stock certificates issued by the Defendant Company have not been issued.

Plaintiff B and Defendant B, a total of 30,000 H.