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(영문) 대구고등법원 2020.02.07 2019나20574

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. Upon the conjunctive claim added at the trial, the defendant 78,105,110 won to the plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties 1) Net C (hereinafter “the deceased”).

2) The land of this case (hereinafter referred to as “instant land”) shall be the land of this case, E, 9,17 square meters in the city of Sju.

(D) the authority to develop and dispose of the Company D (hereinafter referred to as “D”).

2) The terms and conditions of delegation to the Corporation (hereinafter “instant development agreement”).

A) The Plaintiff is a party to the instant development agreement. The Plaintiff, as the wife of the Deceased, acquired the ownership of the instant land, etc. through an inheritance division consultation after the Deceased’s death. X and T are the children of the Plaintiff and the Deceased. 2) D is a company engaging in construction business, etc., and is a party to the instant development agreement with the Deceased. U is a D’s agent related to the conclusion and implementation of the instant development agreement as a substantial operator of D, and the Defendant is U’s wife.

B. The Deceased, such as the instant development agreement, etc. on the instant land, shall delegate to D all disposal authority, such as the development activities of the instant land, and D shall be fully responsible for the execution of civil engineering works and subdivision procedures on the instant land and the development and disposal of the instant land to a third party.

D Within one year from the date of obtaining permission for development activities for the instant land, D shall pay KRW 70 million to the Deceased, and the Deceased shall complete the registration of ownership transfer in the name of a third party designated by D or D after receiving KRW 700 million from D.

Transfer income tax and taxes and public charges on the land of this case shall be borne by D.

D At the same time as this letter of agreement is concluded, D shall purchase F forest land of 694 square meters in the name of the deceased at the time of leisure owned by a third party, and the purchase cost shall be borne by D.

1) On October 29, 2014, the Deceased (Representative X) was merged with D (Representative U) and the instant land owned by the Deceased [the instant land was merged with F forest land 10,611 square meters in the domini city, on January 2, 2015, and the combined land was converted into G forest land 10,545 square meters in the domini city, on January 20, 2015, and before the division.