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(영문) 인천지방법원 2015.06.03 2014가합1207

손해배상(기)

Text

1. The Defendant’s KRW 254,570,680 as well as 5% per annum from February 12, 2014 to June 3, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On March 15, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 2,522,00,00 of the Seo-gu Incheon Family District (hereinafter “instant sales contract”) as a person who supplies the housing site developed pursuant to the Housing Site Development Promotion Act and purchased the land owned by the Plaintiff to be incorporated into the relevant project site in the Seo-gu Incheon Family District, Seo-gu, Incheon. Around August 2007, the Plaintiff purchased the land owned by the Plaintiff. (2) On March 15, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 3,636,72,00 of the land for religion created and supplied by the Defendant and the Defendant for KRW 2,522,00 (hereinafter “instant land”).

3) The said purchase price was determined on the basis of the price appraised by Sam Chang Chang Corporation Co., Ltd. on the instant land. B. A change in the location to be installed at the place of a purification pump of sewage was made to the Defendant on November 2012, 2012, prior to the conclusion of the instant sales contract, the Defendant issued a letter of guidance on the supply of religious facilities site to the Plaintiff. The said notice of guidance included a land use plan and a religious facility site in the said Incheon District including the instant

2) On the land utilization plan, the said land use plan was marked by the discharge pumps of sewage from the instant land to the south of about 300 meters. 3) On December 28, 2012, the approval of the alteration of the district plan for the Bogeumjari Housing District of Incheon District was publicly announced. The content was that the area of the said discharge pumps of sewage increased and the location was changed to the point at which approximately about 40 meters away from the instant land to the south.

C. At present, the Plaintiff’s church building is located on the ground of the instant land, and the sewage heavy pumps are located on the flap of the road at a distance of about 40 meters from the instant land and the instant church building and the building.

【Ground of recognition】 There is no dispute.