원상회복 및 손해배상
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff, defendant C, E, and F purchased each real estate listed in the separate sheet No. 3 (hereinafter referred to as the "Gri land") and decided to newly construct a loan on the ground of the above land, and completed the registration of ownership transfer on each 1/4 shares of the above land around July 2006.
(The Defendant C purchased part of the shares of each real estate owned by E and F from among Gri land and the shares of each real estate owned by the Plaintiff and the Defendant C, and obtained the Plaintiff’s consent to new construction of the above land lending around 2012.
During that process, the Plaintiff prepared a written confirmation of the following contents (hereinafter referred to as “instant confirmation”) to Defendant B:
J, Namyang-si H, I, and J
1. The Plaintiff consents to the construction of a new multi-household house by Defendant B without any condition.
2. When Defendant B completes the new construction of a multi-household house with respect to the above real estate, he shall pay the purchase price of KRW 1,300,000 per square meter for the Plaintiff’s shares.
(Provided, That with respect to the above real estate, the road area is excluded when the purchase price is paid, and all claims and obligations between the plaintiff and the defendant B shall be determined as the base date for the payment of the purchase
4. The plaintiff shall pay to the defendant B the allocated amount (150,000,000 won) of the plaintiff's assignment to the road construction works and the real estate civil engineering works (including logging works) in the attached Table 2 List 1 after dividing the above real estate.
Since then, Defendant B completed the construction of 23 households in total on the ground of Gi land (hereinafter “the loan of this case”). During that process, Defendant B was dissatisfied with the Plaintiff regarding the ownership of Gi land, various expenses, performance of the obligation to state the above confirmation document, etc., and exchanged multiple lawsuits and applications between the Plaintiff and the Plaintiff.
On September 6, 2013, the Plaintiff entered into an exchange contract with Defendant B with the following contents and agreed to terminate all of the disputes.