beta
(영문) 수원지방법원 여주지원 2021.01.13 2020가합10250

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 5, 2017, the Plaintiff, who entered into the instant sales contract, purchased D 278 square meters from Nonparty C at KRW 290,000,000 (hereinafter “instant sales contract”) and drafted the following contract:

The location where the goods to be traded in the instant transaction contract are indicated: The area of D Sale in Gyeonggi-do: 278 square meters;

2. Details of the sale of payments, such as the sale amount and the intermediate payment: The actual contract shall be sold to the land of the clan B, and the contract shall be concluded with C, the trustee of which shall be the case.

The actual contents of the special agreement on civil engineering works

1. Execution of reinforced soil in the event of civil engineering works (2 meters high and 50 percent high);

2. Packaging of containers on roads;

3. To ensure that the person executes the water supply and sewerage works, even if such works are performed; and

The actual substance of telecommunications pipeline work is to enter the underground pipeline up to the racker.

Seller: The seller: the plaintiff

B. The process subject to the instant sales contract (E forest land: 824m2; hereinafter “instant forest”) is as follows from G forest land in Gyeonggi-gu, Gyeonggi-do, Fri-gun (hereinafter “Fri-gun”), such as the process of establishment of forest land E, divided into D (E forest land; hereinafter “instant forest land”).

① On July 23, 2010, G forest was divided into H forest land of 33,455 square meters in G forest of 120,557 square meters.

② Around February 16, 2016, the forest land of H was divided into several occasions and became 22,493 square meters of I forest. On the same day, J forest was divided into 10,858 square meters of J forest in the area of 22,493 square meters of I forest land.

③ On March 14, 2018, the area between E and K forest was divided into 230 square meters and 254 square meters in the I forest.

④ On October 24, 2018, L/L forest was divided into 340 square meters in J forest.

(5) On December 20, 2018, K forest and L forest are merged into E forest and land, thereby having become E forest and land of 824 square meters.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 4-8, Eul evidence Nos. 1-8, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since the instant sales contract was concluded between the Plaintiff and the Defendant, the owner of the instant forest, and M&A (hereinafter “M”) granted the power of representation regarding the sale, the parties to the instant sales contract.