손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the owner of the Incheon Strengthening-gun, D Forest, and E Forest before the division, and the Defendant is the owner of the F Forest, which is the adjoining land before the division.
B. On November 2016, the Defendant filed a report on the construction of F land before subdivision with the reinforced military forces, and the said report was accepted on November 21, 2016.
C. On March 2017, the Plaintiff and the Defendant decided to newly construct a building by exchanging part of the land owned by the Defendant. Accordingly, the Defendant added the land B and D before subdivision to the Reinforcement-gun around November 2017, and filed a building report on the said building report on November 29, 2017 by adding the land B and D before subdivision.
Since then, C before subdivision was divided into C, G, H, I, D land before subdivision into D, J, K land; F land before subdivision was divided into F, L, M, N,O, P land; and the Plaintiff and the Defendant exchanged P land owned by the Plaintiff with H, I, and J land around April 2018.
E. Meanwhile, around January 4, 2018, the Plaintiff and the Defendant concluded a real estate development agreement (hereinafter “instant agreement”) with the following content.
Article 3 [Site and Housing] The Plaintiff newly constructed a house (35 square meters) owned by the Defendant on the ground (150 square meters to 160 square meters) on the ground of the land for the indication of the previous permission drawings (B) from among the forest land of 2048 square meters in Incheon, Incheon, Incheon, which is owned by the Defendant, and the remainder of approximately 451 square meters to 471 square meters shall be sold to the Plaintiff at KRW 550,000 per square meter.
The housing site owned by the defendant shall be selected first by the defendant.
Article 4 [Construction] The plaintiff shall complete the civil engineering works (all basic construction works necessary for constructing a new house) in accordance with the permitted drawings attached to the plaintiff and shall newly construct a house owned by the defendant.
(Provided, That housing owned by the defendant is already built of reinforced concrete structure, outer walls, and inner finishing materials shall be built as a product at the request of the defendant.
(Provided, That the starting date of the building owned by the defendant shall be within four months from the commencement date of construction before November 20, 2018.