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(영문) 의정부지방법원 2017.11.09 2017가단6139

손해배상등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On June 10, 2002, the Defendants purchased four parcels, including 5,075 square meters, including 5,075 square meters, from H prior to the subdivision from H, and agreed to sell and sell from H the said parcels of land purchased from H to H, the part of which is 9,345 square meters (hereinafter “K”) prior to the Gyeonggi-gun of Gyeonggi-gun, the wife of H, which may enter into the public service, by dividing and selling the said part. The Defendants completed the registration of ownership transfer in the Defendants’ name on July 29, 2002.

On October 25, 2003, the Plaintiff purchased K’s land from J by settling and resolving the site of the road to enter the K land by J. The Defendants purchased the land from H. The Defendants: (a) divided the land of the first before the said subdivision purchased from H into 4,805 square meters (hereinafter “I land”; (b) and (c) 270 square meters (hereinafter “L land”); and (d) on November 25, 2003, sold the land among them to the Plaintiff at KRW 5.6 million (hereinafter “instant sales contract”); and (b) completed the registration of ownership transfer in the Plaintiff’s name on December 3, 2003.

K land purchased by the Plaintiff from J was completed on December 3, 2003 in the name of the Plaintiff and his wife M.

In around 204, the Plaintiff started road construction works centered on L land, and opened a road as a part of the ship connecting each of the parts in the attached Form 1 Table 2, (a), (b), (c), (8), (9), (i), 22, 23, and 2 with the parts in the order of priority among the parts in the attached Form 1, (a), (b), (c) and (d) connected each of the parts in the attached Form 1, (a), (b), (b), (c), (c), (8), (c), (8), (g), (22, and (2

[Grounds for recognition] In accordance with the sales contract dated June 10, 2002 between the Defendants and H, the Plaintiff concluded the instant sales contract by dividing the part of the first land owned by the Defendants into four meters wide roads necessary for the Plaintiff’s access to the K-land among the first land owned by the Defendants, and purchasing the said part.