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(영문) 광주고등법원 2016.12.09 2015나2767

손해배상(기)

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff Company’s incorporation 1) The number of 200 persons, including merchants, etc. who operated active fish sales stores, etc. from the wind water distance, which is an annex to the P market located in P market located in P market located in P P market located in P P market at P P P market at P P market at P time, is established by Q and two promoters around 2002, purchase neighboring land and purchase modern-type market buildings (hereinafter “instant main building”).

2) On April 25, 2003, the Plaintiff Company was a shareholder of the Plaintiff Company after the registration of incorporation was completed on April 25, 2003, and on May 9, 2003, the Plaintiff Company purchased the RR 3,568 square meters in the vicinity of the existing P market and completed the registration of ownership transfer for the purpose of using it as the site for the instant building.

B. 1) The Plaintiff: (a) among the shareholders, set up a temporary store for certain merchants to operate the building of this case before the new construction of the instant building; (b) on December 12, 2003, 302 square meters and its neighboring land owned by the Inn Water Market and the Republic of Korea located adjacent to the instant building site; (c) on December 9, 2005, the loan period was extended until December 9, 2005; and (d) on the purpose of the use of the loan property, some merchants among the Plaintiff’s shareholders set up a committee for promotion of the establishment of the Provisional Fisheries Market to build and operate the temporary store on the said leased land; and (e) on June 30, 2004, 66 temporary stores (hereinafter “temporary stores”) were newly constructed.

3) The Plaintiff and the first temporary shop occupants wishing to move to the Plaintiff and the first temporary shop occupants are the lease contract for the first temporary shop from June 2004 to August 2005 (hereinafter “instant lease contract”).

The contract was concluded, and the period of lease is the period for the retention of the temporary store, and when the plaintiff intends to cancel the contract inevitably due to the construction of the main building in this case, the lessee is a civil or criminal person.