(영문) 인천지방법원부천지원 2017.10.18 2016가합101432

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(영문) 인천지방법원부천지원 2017.10.18 2016가합101432

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The position of the parties and the relationship 1) Seocheon-si, Seocheon-si C large 4,308 square meters (hereinafter “instant land”).

(B) On the ground, a commercial building of a conventional market called “B market” (hereinafter “former building”).

The instant land was owned by the owners of the said old building. Co-owners of the instant land were entitled to take special measures for supporting the structural improvement and management stability of small and medium enterprises for the purpose of rebuilding the said old building (hereinafter “Special Measures Act”).

(2) On September 22, 2003, after the establishment of the defendant and the authorization of establishment of the association on August 21, 2000, the registration of establishment of the association was completed on September 22, 2003. 2) The plaintiff (former D prior to the opening of the name) is the child of the network E in which the head of the defendant

B. 1) Before the reconstruction of an old building, the total amount of 81.58 square meters of the apartment-story commercial buildings in the old building was registered as the owner in the aggregate building ledger in the name of E. 2) Defendant association members concluded a trust agreement with the Defendant to promote the reconstruction of the old building, and transferred their share of co-ownership of the instant land in order from November 2000 to the Defendant.

On November 7, 2000, the network E entered into a trust agreement with the defendant with respect to the portion of 89.387/1,292 out of the land of this case, which was registered under his name, and completed the registration of ownership transfer in the name of the defendant on November 15, 2001.

After February 20, 2002, the trust registration was completed in the name of the defendant as to all co-ownership shares of the land of this case.

3) On April 4, 2001, the Defendant obtained a building permit for the construction of the building on the instant land from Bupyeong-si and changed the name of the company into the “Yyoung Industrial Development of the Company” on August 18, 2001.

The development of the business industry shall be referred to as "the business development";

(4) The criteria for sale on stores and apartments of reconstruction buildings on June 24, 2002; and

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