약정금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. The following facts are acknowledged according to the overall purport of Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 1 to 5, 20, 21, 22, and 26 and the whole arguments.
A. In around 2002, the Suwon-gu Busan Metropolitan City newly constructed a active fish-frame in the size of the 1st underground floor and the 2nd ground surface (including the basic construction that can extend the 3th floor thereafter) in 700 square meters, including the land to be created through reclamation of public waters as compensation for fishing losses caused by the said construction, while performing the reclamation of public waters in accordance with C in which C fishing village fraternities used as fishery ports by C fishing village fraternities, which were used as fishery harbors, and provided C fishing village fraternities or their members to 197.
B. On March 23, 2006, a person who is expected to receive compensation for loss (hereinafter “right holder”) constituted a promotion committee (hereinafter “promotion committee”) to efficiently deal with the issue of the construction or extension of a active fish farm by opening a general meeting on March 23, 2006.
C. In the process of consultation on the new construction and extension of the active fish board, the promotion committee was proposed to purchase from F the ownership of 201 and the right to the extension from 3 to 7 stories above ground, and the right to the site from 2 to 7 stories above ground, and the right to the site from 5.75 billion won above. On March 15, 2007, a general meeting of shareholders of the right to the land was held on March 15, 2007, which agreed to the conclusion of the above trading contract.
F In order to carry out the aforementioned active fish board extension project (hereinafter “instant extension project”), the F invested 100 million won in the name of the wife, together with J and I (E used the names of the children, and thereafter M was named as N), and established G on March 13, 2007, and thereafter F, J, and I invested 70 million won in the operating expenses of the company, respectively.
G Co., Ltd. was changed in sequence to B on March 31, 2012, and July 6, 2016 to Defendant Co., Ltd.
(hereinafter referred to as “Defendant”) e.