손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Facts without dispute;
A. The Defendant is the owner of each of the 33.6/204 shares in Yeongdeungpo-gu Seoul Metropolitan Government or D (hereinafter “each of the instant lands”) (hereinafter “each of the instant shares”).
B. The F Urban Environment Improvement Association (hereinafter “instant association”) established on December 29, 2005, the project implementation district of which consist of 8,368.9 square meters of land E site in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, including each of the instant land.
C. On June 5, 2006, the Defendant sold each of the instant shares and 30 square meters to the Plaintiff at KRW 450,000,000. The Plaintiff completed the registration of transfer on July 5, 2006 for each of the instant shares.
On March 6, 2008, the Defendant prepared and delivered a letter (Evidence A 3-2) stating that the Plaintiff will compensate the property damage in the event that the right to sell each of the instant shares is not guaranteed.
(hereinafter referred to as “instant letter”) e.
At present, each land of this case is owned by several persons other than the plaintiff.
2. The plaintiff's assertion
A. The Plaintiff anticipated to receive the right of sale from the instant association, and purchased each of the instant shares from the Defendant, and the Defendant agreed to compensate for damages unless the right of sale is guaranteed.
B. Each of the instant lands constitutes multiple co-ownership, and only one representative can become a partner. However, as the Defendant did not appoint the Plaintiff as a representative, the Plaintiff did not have been recognized as a member of the instant association, and did not have the right to sell.
C. Since the right to sell the instant association is traded at least at least 100 million won at premium, the Defendant shall pay the Plaintiff KRW 100 million and damages for delay with compensation for damages under the above letter.
3. Determination
A. The facts that each of the lands of this case is owned by several persons, other than the plaintiff, are as seen earlier, and the evidence Nos. 5 and the court's fact inquiry results about the union of this case added the purport of the whole pleadings. < Amended by Presidential Decree No. 21302, Feb. 2, 2