손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. Defendant Company Establishment 1) The number of 200 persons, including the merchants operating active fish sales stores, etc. and the merchants engaging in funeral services in an outside area at the J, which is affiliated to the I market at the time, and the two other promoters around 2002, as Defendant H Co., Ltd. (hereinafter “Defendant Company”).
(1) After establishing the Corporation, purchase neighboring land and purchase modern market buildings (hereinafter referred to as the “instant main building”).
2) On April 25, 2003, 200 merchants, etc. paid 7.5 million won per capita in terms of land purchase expenses and became a shareholder of the Defendant Company. After completing the registration of incorporation on April 25, 2003, the Defendant Company purchased 3,568 square meters in the Han-si L, which is a port facility site near the said I market, for the purpose of using it as the site for the instant building, and completed the registration of ownership transfer.
B. 1) The Defendant Company: (a) on December 12, 2003, established a temporary store and operated its business to some of the shareholders prior to the new construction of the instant building; (b) on the land owned by the Republic of Korea, 302 square meters and neighboring land, which is located adjacent to the instant building site, the lending period was until December 9, 2005; and (c) on the purpose of lending property, some of the shareholders of the Defendant Company constituted a “N Promotion Committee” to construct and operate a temporary store on the said leased land, and accordingly, on June 30, 2004, 66 temporary stores were newly constructed (hereinafter “temporary stores 1”).
3) The merchants who concluded a lease contract with the Defendant Company on the temporary shop No. 1 in the instant case were located in the relevant temporary shop from July 2004 and started business. (c) The Defendant Company transferred the temporary shop No. 1 in the instant case against the merchants who did not pay management expenses on May 22, 2008.