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(영문) 광주지방법원 2017.03.22 2016나5586
전세금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Facts of recognition;

A. At all times, 200 merchants, etc., who operated active fish sales stores, etc. from F, which are affiliated buildings within the E market located in D, were established by G around 2002 and two other promoters. Around 2002, the Defendant was to purchase neighboring land and build modern-type market buildings.

B. Accordingly, the above 200 persons paid 7.5 million won per person under the pretext of land purchase expenses, and became a shareholder of the defendant, and the defendant completed the registration of incorporation on April 25, 2003.

After that, on May 9, 2003, the Defendant acquired the ownership of H 3,568 square meters in leisure time in the vicinity of the E market.

C. Since then, the Defendant: (a) decided to establish temporary stores for some of the shareholders to operate a business; and (b) on December 12, 2003, the Defendant concluded a loan contract with regard to the lease period of 302 square meters out of 760 square meters in E market and E market and E market and Embine I large 760 square meters in size and its neighboring land until December 9, 2005; and (c) the purpose of the use of the leased property as “temporary market.”

Some merchants among the defendant's shareholders constituted the "J Promotion Committee" to build temporary stores on the land leased as above and operate the business. K, the chairperson of the above Promotion Committee, entered into a contract for the construction of new temporary stores with ELD Construction Co., Ltd. on or around February 2004. On June 30, 2004, 66 temporary stores on the above land (hereinafter "temporary stores of this case") were newly built.

E. Meanwhile, the cost of new construction of the instant temporary shop was appropriated for KRW 70 million, which was paid to K by the merchants who wished to make a sales, and the cost of new construction of the temporary shop in the name of the said promotion committee in order to newly build the temporary shop.

F. On March 17, 2005, the Defendant entered into a contract with the Plaintiff on the store Ma49 among the temporary stores of this case with the Plaintiff, and entered into an occupant contract with the Plaintiff B on August 17, 2005 on the store Ma58 among the temporary stores of this case. The main contents of each contract are as follows.

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