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(영문) 부산지방법원 동부지원 2017.02.08 2016가단12740

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2002, the G fishing village fraternity’s consent to reclamation of public waters and the compensation agreement (1) concluded that the G fishing village fraternity will provide 197 of the above members of the G fishing village fraternity (hereinafter “original equity right holders”) with a new construction of a H of the size of the 800 square meters of the total floor area of the 1st floor and the 2nd floor (including the basic construction that can extend 3th floor thereafter) in 700 square meters, including the land to be created by the reclamation of public waters, when the G fishing village fraternity performed the reclamation of public waters in the G in the G which was used as the fishery harbor by the G fishing village fraternity.

(2) After that, among the original equity right holders and buyers (part of the original equity right holders sold their shares to others; hereinafter the original equity right holders and buyers collectively referred to as "right holders"), the first floor and the second floor above H were completed the registration of ownership transfer in the future by the original equity right holders with respect to their shares of 1/197, and the first floor above the first floor to be used as one facility was agreed to the registration of ownership transfer in the future by specifying the stores for each shop to be preserved as divided ownership, and the head of the original equity right holders, who were selected, agreed to the registration of ownership transfer in the future.

B. On March 23, 2006, the equity right holders constituted a “H-Newly established shopping mall promotion committee” (hereinafter “promotion committee”) to efficiently deal with the issue of new construction or extension of H by opening a general meeting of equity right holders, and appointed J, which is the chief of G fishing village fraternity, as the chairman, and as the 14 members, K and 14 members.

(2) Accordingly, in the process of holding the consultation for new construction and extension of the above H, the committee of promoters proposed to purchase the land share of KRW 5.5 billion from L to KRW 400% of the floor area ratio between the third and seventh floors above ground, and KRW 5.75 billion of the site share of the second to seventh floors above, while the committee of promoters proposed to purchase the land share of KRW 138 of the 146 participants at the general meeting of shareholders on March 15, 207.