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(영문) 서울고등법원 2020.12.10 2020나2002456

구상금

Text

1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts recognized;

A. (1) The land ownership relation (1) D owned 13,288 square meters of H forests and fields (the location of land from the next year is the lowest administrative district) at the time of Pakistan, but this land was registered as the E forest and field 13,295 square meters prior to subdivision on October 29, 2010.

Before a subdivision, E-13,295 square meters of forest land was subdivided into 6,11 square meters of forest E on November 3, 2010, < Amended by Presidential Decree No. 22190, Nov. 3, 2010>

(2) On March 9, 2009, the Plaintiff purchased 150 square meters in the name of the former Nung, 34 square meters in Gu Lba, 948 square meters in Gu Mba, and 267 square meters in Gu Mbae (hereinafter referred to as the “instant Pba land”) under the name of his/her own mar, namely E, 6,11 square meters in land and 149 square meters in Fari land. Accordingly, the Plaintiff purchased the instant Pba land under the name of his/her mar.

3. The registration of ownership transfer has been completed in the J. 12.

The instant P-dong land was comprised of ① 25 square meters of O forest, ② Lbub 625 square meters, ③ Mbub 685 square meters, and ④ 64 square meters of Z road, via a subdivision and a combination of lots as shown below.

On May 7, 2013, 2013, the details of the change on the date of classification and change are divided into 34 square meters of O forest and 25 square meters of O forest and 25 square meters of Gu AAA large scale on May 7, 2013, which is divided into 625 square meters of L, Gu AB large scale 259 square meters, and 64 square meters of Gu AB large scale 259 square meters and Z road on May 7, 2013, and is divided into 150 square meters of Gu 150 square meters of Gu 267 square meters of Gu M on November 29, 2013, and is divided into 9 square meters of Gu AB large scale 259 square meters of Gu AB large scale.

B. (1) The Plaintiff decided to newly construct a multi-family house on the instant Pdong land, and obtained a building permit in the name of J on June 25, 2009.

At the time, the Pdong land of this case was a building being used as a childcare center.

(2) On July 3, 2009, the Plaintiff, as a contractor, entered into a contract with K Co., Ltd. (hereinafter “K”) for the removal of existing buildings and ancillary civil works on the instant Pdong land at KRW 35,00,000.

Defendant C was the representative director of K, and the Plaintiff and Defendant C caused this construction to be friendly.

(3) The Plaintiff is as follows.