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(영문) 수원지방법원 2016.10.20 2016나55247

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On August 24, 2010, the Defendants: (a) newly constructed a multi-family house with E’s brokerage that operates the “D Licensed Real Estate Agent Office” and purchased KRW 25,000,000; (b) as at the time of the contract, KRW 20,000,000, the remainder of KRW 105,000,000 among the remainder of the contract, and KRW 337,000,000,000,000,000, and KRW 732,000 (G forest is divided into KRW 732,00,000 on July 5, 201; and (c) KRW 38/1,526, out of J forest 1,41, and KRW 464,00,00,000; and (d) written the documents related to the construction and sales contract in the name of the Plaintiff and the Plaintiff’s each of the terms and conditions necessary for the construction and conditions.

(hereinafter “instant sales contract”). B.

On July 8, 2011, the Plaintiff completed the registration of transfer of ownership in the name of Defendant B with respect to the shares of 19/1,526 shares among J-based 1,441 square meters, 1/16 shares among K-forest 464 square meters, H-forest 337 square meters, 1/2 shares among J-forest 337 square meters, 19/1,526 square meters among J-forest 1,441 square meters, 1/16 shares among K-forest 464 square meters, and 1/2 shares among K-forest 58 square meters of forest 58 square meters, respectively, in the name of Defendant C.

C. On the other hand, on April 17, 2014, on the other hand, on the part of the Plaintiff, after dividing the permission for conversion of a mountainous district for the purpose of constructing a single house, the Siljin City approved the forest recovery design following the waiver of the purpose project with respect to G forest land of 37 square meters (a single house of 2 complexes) and H forest of 337 square meters (a single house of 1 complex), and notified the Plaintiff of the completion inspection by July 30, 2014 and applying for the completion inspection.

(B) On July 22, 2014, the deadline for completion was changed to October 31, 2014, according to the revised plan for forest restoration. (3)

In addition, on April 17, 2014, the Siljin market is scheduled to approve the forest restoration plan for L, K, and I's mountainous districts (344 square meters) for the purpose of opening the roads for entering into a single house.