인도 및 손해배상 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The building of the Gu office located in the Gu.
1. Basic facts
A. The defendant is a fishing village fraternity comprised of fishermen residing in the members of Incheon Strengthening-gun, B, and the plaintiff is the defendant's member of the fishing village fraternity for the purpose of mutual aid and joint business.
B. The Defendant newly built D buildings on the ground of 3,798 square meters in Incheon, Incheon, which was created by Incheon Metropolitan City by reclaiming public waters (hereinafter “instant direct store”), and promoted the business of relocating the existing stores of the members of the fishing village fraternity to the instant direct store (hereinafter “instant business”). On May 208, the Defendant obtained permission to implement a fishery harbor development project from Incheon Metropolitan City on the implementation of the fishery harbor development project from Incheon Metropolitan City on June 27, 2008, and carried out the construction of the instant direct store with the Defendant’s burden on the remainder of the construction cost, excluding KRW 200,000,000,000,000 from the subsidies.
On February 20, 2009, the direct store of this case was reverted to Incheon Metropolitan City pursuant to Article 26(1) of the Fishing Villages and Fishery Harbors Act.
The Defendant reported to the Mayor of Incheon Metropolitan City the instant direct store use profit-making, and the Mayor of Incheon Metropolitan City determined the period of free use from January 20, 2009 to January 19, 2025 (16 years) and accepted the said report.
C. In the process of promoting the instant project, the majority of the members of the Defendant submitted a power of attorney to the head of the fishing village fraternity E, and the head of the fishing village fraternity led to the implementation of the project. The Plaintiff did not submit the power of attorney to the head of the fishing village fraternity.
After the completion of the instant direct sales outlet, the Defendant’s other members of the fraternity paid to the Defendant until the date of the sales store located in the instant direct sales outlet, respectively, KRW 17 million for the previous KRW 11, and KRW 9 for the new KRW 7,000 for each of the nine members, respectively.
On March 2, 2009, the Plaintiff expressed to the Defendant the wish to have the store store located in the instant direct sales outlet, and under the name of the Defendant.