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(영문) 부산지방법원 2018.08.17 2017가합49559

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Defendant is a person who was a right holder of the land, E, and F land, and G who was a right holder of the forest, etc. prior to the division of this case, the Defendant was a right holder of the forest, etc. prior to the division of this case.

The plaintiff and the representative director H Finding are those who were the forest land before the division of this case and the land E.

On July 1, 2011, the Plaintiff acquired shares of 1,477/9,962 of forest land before the instant partition, and shares of 258.93/29,886 of forest land before the instant partition on May 11, 2012, and I acquired each of the said shares from the Plaintiff on August 13, 2013.

On March 29, 2013, the owner of the forest land before the instant partition, including the Defendant, submitted a written opinion to Busan Metropolitan City on March 29, 2013, changing the specific use area of the forest land, etc. prior to the instant partition

On October 25, 2013, Busan Metropolitan City notified the defendant et al. that it would be desirable to maintain the forest as natural green area of the forest, but if there is a plan to enhance the public interest, it would be desirable to present it.

On November 4, 2013, the owner of the forest land prior to the instant subdivision, including the Defendant, I, etc. submitted a written opinion on the content that part of the forest land prior to the instant subdivision shall be altered, some of the forest land shall be donated, and that part of the forest shall be preserved undeveloped land.

On January 24, 2014, the Busan Metropolitan City Urban Planning Committee made a conditional deliberation on the change of a specific use area of 10,100 square meters, including part of forest land before the division of this case, from a natural green area to a quasi-residential area, on condition that the remaining site is preserved in a green area, etc. in accordance with the opinions of the defendant

On September 2014, the Plaintiff requested the Defendant to enter into a service contract with the service amount of KRW 1,500,000,000 with respect to the change of use of forest land before the instant partition, but did not enter into the service contract.

The defendant around September 17, 2014 provided the following service contract to the plaintiff: