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(영문) 부산지방법원동부지원 2016.01.29 2015가합921

약정금

Text

1. The Defendant’s KRW 170,000,000 as well as 5% per annum from January 16, 2016 to January 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around June 14, 2002, the process of the extension project of the active fish board for the C fishing village residents (1) agreed to provide 197 persons among the above members of the 197 fishing village fraternity (hereinafter “original equity right holders”) among the above members of the 197 fishing village fraternity (hereinafter “original equity right holders”) with the reclamation project of public waters in accordance with C, which was used by C fishing village fraternity as a fishery harbor, and the reclamation project of public waters was conducted with C fishing village fraternity, with compensation for fishery loss caused by the construction project, and with the land to be developed through the reclamation of public waters, etc.

(2) After that, 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 "the right holders") sold their shares to others, they completed the registration of ownership transfer for each of the 1/197 shares above the active fish board and the 1/197 shares above the ground in the active fish board with the consent of the head of the right holders, and the first floor above the ground will complete the registration of ownership transfer for each of the stores to be preserved as sectional ownership.

(3) On March 23, 2006, the equity right holders constituted a “Cropiced Commercial Building Promotion Committee” (hereinafter “Promotion Committee”) to efficiently deal with the problems of the new construction or extension of the active fish sales outlet by opening a general meeting of the equity right holders, and appointed D, a director of C fishing village fraternity, as the chairperson, and appointed 14 members including E and 14 members.

(4) Accordingly, in the process of the consultation for the new construction and extension of the above active fish board, the committee of promoters proposed that F purchase the share of the site on the second floor, the second floor, the third floor to the seventh floor above ground, the floor area ratio of 400% from F, and the third floor to the seventh floor above ground, the share of the site on the second floor to the seventh floor above 5.75 billion won, and the resolution was made on March 15, 2007 with the consent of 138 from among the 146 participants at the general meeting of shareholders. < Amended by Presidential Decree No. 20219, Mar. 15, 2007>

(v).