손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. Defendant B, the owner of the land of this case, which is the actual owner of the D Forest of 38,083 square meters in Incheon-gun, Incheon-gun, the owner of which is the owner on the registry, and Defendant B, the owner of the E Forest of 15,769 square meters in Incheon-gun, Incheon-gun (hereinafter referred to as “each land of this case”), permitted the Plaintiff to develop each land of this case and build facilities for older persons and children (hereinafter referred to as “facilities for older persons and children”) on the ground thereof, prepared and issued a written consent for land use on December 28, 201, and attached thereto, the Plaintiff applied for development activities of each land of this case to the Incheon-do, Incheon-do, Incheon-do (hereinafter referred to as “Satant-gun”).
B. On January 11, 2013, a reinforcement group permitted the above development activities (land form and quality alteration) from January 11, 2013 to January 10, 2014 with respect to each of the instant land, etc., but the Plaintiff failed to complete the development activities within the said development activities period, and Defendant B submitted a written confirmation of non-approval to land use, stating that “the consent to land use shall be given to the Plaintiff of each of the instant land” was “the consent to land use” to the reinforcement group on July 8, 2015.
C. On November 11, 2016, the Plaintiff asserted that “the Defendant submitted a written consent to the use of each of the instant land to the Reinforcement Group to permit the progress of the Plaintiff’s construction of facilities for the elderly and children, despite the Defendant’s duty to consent to use each of the instant land, and obstructed the progress of the Plaintiff’s construction of facilities for the elderly and children.” The Plaintiff filed a lawsuit against the Defendants for damages for nonperformance or tort under Incheon District Court Decision 2016Gahap3665 against the Defendants (a claim of KRW 76,790,120, which is a part of the total amount of active damages, such as the sales contract amount and brokerage fee for the daily profit and the neighboring land, and expenses related to the permission of development, and the Defendant B filed a lawsuit against the Plaintiff in the said lawsuit as the Incheon District Court Decision 2016Ga3672.