(영문) 광주고등법원 2018.01.17 2014나3220 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주고등법원 2018.01.17 2014나3220

손해배상(기)

Text

1. The judgment of the court of first instance, including the plaintiffs' claims that were reduced or expanded by this court, is ordered.

Reasons

I regard the principal claim.

1. Basic facts

A. A. On April 25, 2003, merchants, etc. who had engaged in small-scale funeral in the BA market established BG on a small scale on April 25, 2003, and then purchased land in the name of the above company and decided to newly build a market building. Defendant P is an employee of the above company, and the Plaintiffs and the remaining Defendants are merchants who participated as shareholders of the above company in their own name or family name and paid land purchase costs.

B. BG Co., Ltd. was leased part of BH land in front of the new site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the company. Some of the shareholders of the above company constituted “BI Promotion Committee” and set up temporary stores on the land leased until the

C. From July 2004 to September 2005, the Plaintiffs: (a) leased temporary stores from BG to sell active fish, dried fish, etc.; and (b) the above lease agreement included the condition that “a lessee shall lease the temporary stores up to the expiration period; (c) no objection shall be raised even if the lessor cancels the contract on the ground of construction of a new market building; and (d) if the lessor fails to pay the management fee for more than one month, he/she shall not object to the lessor’s surrender execution.”

However, some merchants raised objections to the new construction of the market building such as BG representative director BC and the management method of the company, and rejected the payment of management expenses.

Accordingly, on May 22, 2008, the above company filed a lawsuit seeking the transfer of temporary stores against the Plaintiff A, BE, Plaintiff C, Plaintiff D’s husband, and Plaintiff H, etc. (Seoul District Court 2008Gadan14279) and was sentenced to a judgment in favor of all of the judgment on July 31, 2009, and the above judgment became final and conclusive.

E. The defendants supported BC have the above temporary store under the pretext of prompt construction of the market building.

유사 판례

-광주지방법원 2017.03.22 2016나5586

-광주지방법원순천지원 2015.11.19 2012가합410

-광주고등법원 2016.09.02 2015나15879

-광주지방법원순천지원 2015.11.19 2013가합4440

-광주지방법원순천지원 2014.07.09 2011가합161