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(영문) 부산지방법원 2020.07.15 2020나45735
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is an unincorporated association consisting of persons engaged in fisheries in the Seocho-gu Seoul Special Metropolitan City Council members for the purpose of implementing joint projects to improve the productivity and living conditions of the members of the fraternity and improving economic, social and cultural status, and D is a person who served as a representative of the defendant from May 29, 199 to August 2008.

B. On October 20, 199, the representative EF and the Defendant (representative D) entered into the following agreements (hereinafter “instant agreement”) with respect to the public waters reclamation project on G branch lines (hereinafter “instant public waters reclamation project”) (hereinafter “instant public waters reclamation project”).

Article 1:The instant arrangement aims to enter into an agreement with the E Representative F (hereinafter referred to as “A”) and Defendant fishing village fraternity D (hereinafter referred to as “B”) on matters necessary for the efficient implementation of the agreement with the Defendant fishing village fraternity’s profit-making business (the current status of reclamation plan) in order to implement the project following the reclamation of the Defendant fishing village fraternity.

Article 2:B:Completion completed reclamation, such as the consent and the current status of the reclamation project plan agreed by the “B”, and the total area excluding the road area shall be 10% of the shares in the ownership of the “B”.

Article 4:Permission for and the construction period for the profit-making business (the current status of reclamation plan) of “B” implemented by “A” shall be from October 13, 1999 to October 13, 2002.

Provided, That the instant agreement between "A" and "B" shall be null and void if the building site creation according to the current status of the reclamation project plan implemented by "A" is not implemented within the agreed period.

Article 5:Where the current status of the reclamation project implemented by A becomes a site creation due to reclamation in the current status of the reclamation project plan implemented by A, "A" shall be supplied to the place selected by "B" for 10% of the ownership shares of "B".

Article 7: Defendant fishing village fraternity shall be fully responsible for civil petitions and other matters concerning profit-making business (the consent to reclamation and the agreement on reclamation).

Article 8: Defendant.

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