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(영문) 대구고등법원 2016.12.07 2016나1428

손해배상(기)

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. In the first instance trial, the Plaintiff sought damages from delay due to delay of performance on the ground that the Defendants neglected the obligation to implement the procedure by changing the names of owners of each land allotted by the authorities in recompense for development outlay to the Plaintiff on the register of land allotted by the authorities in recompense for development outlay as indicated in the separate sheet, and the Defendants sought damages due to impossibility of performance on the ground that various provisional seizures, provisional dispositions, etc. are executed with respect to each of the above land allotted by the authorities in recompense for development outlay or changes into trust to land reserved for substitution as a result of land substitution. The first instance court accepted only part of the claim for damages as to each of the land allotted by the authorities in recompense for development outlay Co., Ltd. (hereinafter “Defendant Co., Ltd.”) among the primary claims against the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.), and dismissed each of the claim for damages as to each of the land allotted by the authorities in recompense for development recompense for development outlay for development outlay for development outlay for development outlay for development outlay for development outlay for development outlay for development outlay for development purposes.

Therefore, since only the defendants filed an appeal against their lost part, the scope of the trial of the party shall be limited to the primary and conjunctive claims for each land allotted by the authorities in recompense for development outlay in attached Table 3, 4, and 5 against the defendant company and the primary and conjunctive claims for the land allotted by the authorities in recompense for development outlay in attached Table 5 against the defendant union.

2. Basic facts

A. Defendant Cooperative is a corporation established to implement a land readjustment project in the first time of racing-si, and the Defendant Company is a corporation established for the purpose of housing or housing site formation project, etc., between the Defendant Cooperative on January 17, 1990.