손해배상(기)
All appeals filed by the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are dismissed.
Of the appeal cost, the plaintiff (Counterclaim defendant).
The reasoning of the judgment of the court of first instance is as follows, except for the cases of dismissal or addition below (the main sentence of Article 420 of the Civil Litigation Act). The part of the judgment of the court of first instance is as follows: 5 to 6: (a) 5 m20 m2 from the date of the judgment of the court of first instance (the main sentence of Article 420 of the Civil Litigation Act).
Of the land listed in attached Table 1 No. 1, the part of 40 square meters among the land listed in attached Table 1 No. 1, on the ground that there is a cemetery, shall be 118 square meters in the land listed in attached Table 1 No. 4, which is excluded respectively from the ground of the crime of the building (hereinafter referred to as “the exclusion part of this case”) on the 4 side under the 7th place, the 8 side of the 8th place “the person causing multiple damages” shall be deemed as “the person causing several damages”, and “the person causing several damages” shall be deemed as “the person causing several damages to the attached Table 3.”
10 10 - 8, 9, and 12 P, “part of H and I”, “area of exclusion”, and “area of exclusion” are all “part of exclusion”.
According to the statements in the evidence Nos. 1, 7, and 8, 10 to 20 Ha, the fact that there was an agreement as claimed by the defendant is recognized.
However, in full view of the purport of the entire arguments in Gap evidence Nos. 19, 20, 22, 23, 25, and Eul evidence Nos. 9 through 11, the plaintiff filed an application for permission for development activities and an application for permission for diversion of farmland with respect to the land of this case with the head of Leecheon-cheon City around April 2019, and each of the above applications was excluded from most of the exclusion parts (in the case of the land indicated in attached Form No. 1 Paragraph 1, 41 square meters, and in the case of the land indicated in attached Form No. 1 Paragraph 4, the size excluded from 16 square meters), and the deliberation procedure on whether to grant permission for the above application is still underway. It is difficult to accept the above assertion by the defendant, taking into account that the part of this case is included in the exclusion part, and it is not possible to confirm as at present.
2.3.2