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(영문) 부산지방법원 2017.08.31 2016가합46775
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

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 D Promotion Committee (hereinafter “D Promotion Committee”) to efficiently deal with the issue of new construction or extension of active fish-listed shops by holding a general meeting.

C. In the process of consultation on the new construction and extension of the active fish board, the promotion committee was proposed to purchase the ownership of 201 and the right to extend the ownership of 3 to 7 stories above ground, and the right to a site for the second to 7 stories above ground from E in the active fish board, and the right to a site for the second to 50 million won above. On March 15, 2007, a general meeting of shareholders was held on March 15, 2007, which agreed to the conclusion of the above trade contract.

E invested on March 13, 2007, in order to carry out the above active fish board extension project (hereinafter “instant extension project”), together with G and H in the name of the wife F, and 100 million won, with G and H (the name of the children I was used. I subsequently opened to the J) and thereafter established K on March 13, 2007, and thereafter E, G and H invested in the total operating expenses of the company in KRW 70 million, respectively.

K Co., Ltd. was changed in sequence to L Co., Ltd. on March 31, 2012, and July 6, 2016 to Defendant Co., Ltd.

(hereinafter “Defendant”) e.

The promotion committee entered into a sales contract with the defendant on March 20, 2007 in accordance with the resolution mentioned in the above sub-paragraph (c) and received the down payment of KRW 300 million, and the balance shall be paid by all equity right holders.

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