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(영문) 서울고등법원 2017.06.28 2017나2006199

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

가. 당사자의 관계 원고 A는 E의 맏사위이고, 원고 B는 E의 둘째 딸이며, F은 E의 처조카이다.

And the defendants are married couple.

B. 1) Defendant C and F have changed the name to “Tridong” and changed to “Vriridong, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, Mari-si, and the name to “Vri-si, Mari-si,” and the following is not divided:

(2) On December 1, 2006, Defendant C and F jointly operated a business with one-half shares and entered into a partnership agreement with the content that the ratio of financing business expenses and profit distribution to the above land was 50:50. In addition, Defendant C and F jointly operated the business with Defendant C and F, and registered the business with the trade name of “H”. Defendant C and F carried out the development project in order by subdividing the R and neighboring land into three parts of the R and neighboring land. First, on January 31, 2007, Defendant C and F obtained permission for the development of the first class neighborhood living facility site for the aggregate of KRW 9,380 square meters from the Sungsung market and obtained permission for the development of the first class neighborhood living facility site for the aggregate of KRW 9,380 square meters, and on May 30, 2008, Defendant C and F divided into several parcels of land on which a registration conversion was made from the R, and implemented with respect to the remaining land except for the forest land 13,267 square meters (hereinafter “the land”).

3) In addition, Defendant C and F obtained on July 4, 2008, permission for the development of a site for a building site of 9,900 square meters among X forest land 13,627 square meters in the name of Defendant C with respect to a building site for a detached house and an access road from the chemical market, and on September 8, 2009, after dividing X land into a parcel of land on September 8, 2009, the remaining land excluding Y forest land 3,727 square meters in the land (hereinafter “the second project site”).

c) The second project site is located in the lower area and the lower area, and thus, the housing site is to be developed on the same side. The second project site is located in the lower area. In order to create the housing site on the said land, the second project site is located in the lower area.