손해배상(기) 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 9, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:
B A around December 2012, 2012, a building permit was obtained for the construction of multi-family housing (studio-type residential housing) with a size of 2,543 square meters on the ground of Dacheon-si, Kimcheon-si, Kimcheon-si, and 909 square meters of forests and fields E (hereinafter “instant land”) and 424 square meters of F forest and fields, respectively.
B. On October 9, 2013, the Plaintiff agreed to acquire and undertake a new construction project permitted by B, and entered into a sales contract for the instant land with B. The Plaintiff completed the registration of ownership transfer on the instant land under the name of the Plaintiff on October 16, 2013.
C. On March 2014, the Plaintiff obtained a building permit for the new construction of multi-family housing (urban residential housing - complex apartment housing) on the instant land (hereinafter “instant aggregate building”) with 20 households (hereinafter “instant aggregate building”). At the time Kimcheon-si, Kimcheon-si, the Plaintiff was granted a building permit on the condition that (a) part (a) of the instant land connected each point of 126 square meters in the ship was opened and donated in the area of 126 square meters in the instant land (hereinafter “instant land”) among 1,22, 3, 4, 5, 5, 6, 7, 7, 7, and 126 square meters in the instant land.
Meanwhile, with respect to the instant land, including the instant land, the ownership transfer registration was completed in the name of B on December 22, 2011 on the grounds of sale as of December 12, 2011. On May 19, 2017, B drafted a letter of commitment stating that “I will resolve provisional disposition and creation of a voluntary auction mortgage on the instant land until March 31, 2018, and promise to contribute the instant land to the Defendant.”
(hereinafter referred to as “instant undertaking”). E.
On March 14, 2018, the Defendant rendered a provisional disposition prohibiting the disposal of the instant land under the Daegu District Court Kimcheon-gu 2018Kadan120 with the right to claim the transfer registration of ownership as the preserved right.