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(영문) 광주고등법원 2018.04.20 2017나11291

손해배상 등 청구의소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 7, 2013, the Plaintiff entered into a civil engineering design service contract with the Defendant and the Plaintiff: (a) on October 23, 2014, the name of the administrative district was changed on the following grounds: (b) on January 11, 2017, the Plaintiff was divided into G forest 4,941 square meters, H forest 3,968 square meters, I forest 2,50 square meters, J forest 270 square meters, and K forest 3,863 square meters.

(hereinafter “instant land”) and on October 23, 2014, the name of the administrative district was changed on the following occasions: (a) on April 7, 2016, the land was divided into 241 square meters prior to L and 757 square meters prior to M. on April 7, 2016.

(2) On the same day, the Defendant paid KRW 30,000,000 to the Defendant as down payment on the same day, when concluding a contract for civil engineering and design services (hereinafter “instant service contract”) for the permission of factory establishment, development activities consultation, mountainous district consultation, farmland consultation, and urban planning deliberation (hereinafter “instant two lands”).

B. On August 7, 2013, the Plaintiff concluded a sales contract with E and the instant land KRW 2,257,440,000 on the purchase price, and paid KRW 225,00,000 as the down payment. The remainder 2,032,440,000 as the down payment was paid to the Plaintiff on January 10, 2014. (2) The Plaintiff paid KRW 20,00,000 as the down payment when concluding a sales contract with F and the instant land KRW 166,10,000 on August 7, 2013. (3) The Plaintiff paid KRW 146,10,000 as the down payment, and paid KRW 146,10,000 as the remainder to the Plaintiff on January 10, 2014.

3) In order to secure access roads to the instant land 1 and 2, around January 2014, the Plaintiff became a 258 square meters of land for the purpose of securing access roads to the instant land 1 and 2, as well as A.P.C. Co., Ltd., Seoul P., Ltd., and the 258 square meters of land for the Sinsung-si Nan City (hereinafter “Sesung-si P.

hereinafter referred to as “instant 3 land”

In concluding a land use agreement with the amount of KRW 200,000,000 as contract deposit, the remainder of KRW 100,000 has been paid as contract deposit, and the amount of KRW 1,00,000 shall be paid at the time of completion of the building permit.