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(영문) 광주지방법원순천지원 2015.11.19 2013가합4440

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

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, entered into a land lease agreement with some of the shareholders to open and operate a temporary store prior to the new construction of the instant building; (b) on the land owned by the Republic of Korea, M&M 760 square meters and neighboring land owned by the Republic of Korea on the land of the instant building; (c) on December 9, 2005, the loan term was until December 9, 2005; and (d) on the purpose of the use of the loan property, the land lease agreement was entered into with the “temporary market” (the lease term and purpose of use are the same as that of the instant building on May 7, 2004, but the amended contract was concluded with the increased use area.

2) Of the shareholders of the Defendant Company, some of the shareholders of the Defendant Company constituted “N Promotion Committee” to build and operate temporary stores on the said leased land. Around February 2004, the president of the said Promotion Committee entered into a new construction contract with Llim General Construction Co., Ltd. and the temporary shop. On June 30, 2004, 66 temporary stores were newly built.

3. The merchants who concluded a lease contract with the defendant company for the first temporary shop fall under the category from July 2004.