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(영문) 부산지방법원 2018.04.24 2016가단43328

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 3, 2003, the Plaintiff is a person who completed the registration of transfer of ownership on the ground of sale with regard to the Plaintiff’s status (i.e., the Plaintiff’s entry in Busan-gun (hereinafter “instant site”).

Luxembourg The Defendant completed the registration of transfer of ownership on the ground of sale with respect to D forest land 5167 square meters in Busan-gun, Busan-gun (hereinafter “instant forest”) located adjacent to the instant land on November 26, 1999.

B. (i) After the conclusion of the sales contract and the acquisition of ownership on the instant land, the Plaintiff intended to newly construct the housing on the instant land, but the access road was required as the instant land was closed, and the Defendant’s purchase of the 10 square meters out of the Defendant’s forest was to be KRW 8 million on February 11, 2004, and the Defendant paid the above KRW 8 million, but the ownership transfer registration in the future of the Plaintiff would be possible later divided the land and the subsequent transfer registration would be possible.

However, if the number of houses is less than 30 square meters at the time, it is impossible to divide land and make subsequent registration of transfer, and the plaintiff did not complete the registration of ownership transfer in the future and renounced

B. On September 6, 2015, the Plaintiff purchased the land for opening access roads in order to newly build a house, he shall listen to the point of view that the Plaintiff may divide the land below 30 square meters and make a transfer registration accordingly on the instant site. On September 6, 2015, the Plaintiff shall have to newly build a house on the instant site. On September 9, 2015, the Plaintiff shall have to purchase 3.3 square meters out of the Defendant’s forest land in this case from the Defendant on September 9, 2015 at the price of KRW 19,00,000,000,000 for KRW 9,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.