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(영문) 서울고등법원 2018.11.29 2017나2062670

손해배상(기)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. In around 2008, “Friju-si” is omitted when specifying the land owned by the Plaintiff and the Defendant.

1) The Plaintiff is a company that runs the business of producing and selling furniture, and since November 2, 2005, the Plaintiff is a company that conducts the business of producing and selling a household, and the land category of E is changed from 90 square meters for land for E (within 90 square meters before February 20, 2008, hereinafter “E land”).

(2) The land category is changed between G land for factory and G land for factory (hereinafter referred to as “G land”) on February 20, 2008 and 352 square meters (hereinafter referred to as “G land”).

(3) The land category is changed within 1,036 square meters prior to the Z on February 20, 2008, and the land category is “Z land” (hereinafter referred to as “Z land”).

(4) The land is subject to registration conversion and registration conversion (hereinafter “J land”) on the AA forest land on July 19, 2007 and 12,215 square meters.

(2) Since February 27, 2006, the Defendant owned H and I forest land 9,025 square meters (hereinafter “I forest”) and owned the said forest, and the said forest was the blind.

(4) On September 9, 2008, the Plaintiff purchased AC Forest Land 4,062 square meters (hereinafter “AC Forest”) from AB on September 9, 2008, and completed the registration of transfer of ownership on September 16, 2008 under Article 66500 of the receipt by the Government District Court, the High Military Court, the High Military Court, the High Military Court, and the High Military Court, and the High Military Court, and the High Military Court (hereinafter “AC Forest”) completed the registration of transfer of ownership on September 16, 2008. The said AC Forest was adjacent to the same side of the land owned by the Plaintiff, and to the south side of the I Forest and Forest owned by the Defendant.

B. The Plaintiff and the Defendant’s land exchange agreement around January 2008, etc. (1) the land was necessary for the Plaintiff to construct an additional factory on the same side of the existing factory. The Defendant was in need of access to the road as I forest land was cut off. Accordingly, around January 2008, the Plaintiff agreed to exchange part of the land owned by the Defendant and the Plaintiff’s land and the I forest owned by the Defendant, and part of the I forest owned by the Defendant (hereinafter “instant land exchange agreement”).