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1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 1,315,208,558, and KRW 224,750,829 and each of them.
Reasons
1. Facts of recognition;
A. The party status 1) Defendant C market rearrangement project partnership (hereinafter “Defendant C market rearrangement project partnership”)
2) The project site of this case shall be the project site of this case in Gui-si, E, 5,250.6 square meters (hereinafter “instant project site”).
3) As to the ground “C market” building (hereinafter “instant building”)
(2) A project to remove and build new buildings (hereinafter referred to as “instant project”).
In order to enforce the former Special Act on the Development of Traditional Markets (wholly amended by Act No. 7945 of Apr. 28, 2006 and enforced on Oct. 29, 2006), a market maintenance and improvement project association authorized on Jun. 30, 2006 is established on June 30, 2006. Defendant D Co., Ltd. (hereinafter “Defendant D”).
(2) The Plaintiffs were the co-project implementers of the instant project, who owned their respective shares in the pertinent section of exclusive ownership and the instant site (the Plaintiff A owned the 253.32/5,250.6 shares in the instant project site, and the Plaintiff B owned the 54.785/5,250.6 shares in the instant land) among the instant building, and were the members of the Defendant Union.
B. (1) The progress of the project is 1) The Defendant Union received the project implementation authorization from the Gu Ri market, from September 19, 2007, and obtained the authorization for the implementation of the project on December 28, 2007. (2) The Defendant Union obtained the authorization for the implementation of the project from the Gu Ri market on February 26, 2016, and the Gu Ri market on February 29, 2016 publicly notified the authorization for the implementation of the project on February 29, 2016.
C. 1) The Defendant Union notified the members, including the Plaintiffs, of the period for application for parcelling-out and the period for application for parcelling-out on September 20, 2016 to “from September 20, 2016 to October 20, 2016.” On October 20, 2016, the Defendant Union notified that the period for application for parcelling-out was changed to “ October 31, 2016.” (2) The Plaintiffs did not apply for parcelling-out during the above period.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings
2. Determination
A. 1) The former Special Act on the Development of Traditional Markets and Shopping Districts (Act No. 14567, Feb. 8, 2017) (No. 14567).