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(영문) 전주지방법원 2014.08.13 2013가합6246
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On July 20, 2012, the Plaintiff entered into a sales contract with the Defendants for the amount of KRW 1,230,000 (excluding KRW 122,00,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,0000,0000,0000,000,0000,0000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00).

B. On July 20, 2012, the Plaintiff obtained the consent from the Defendants to use the instant real estate as a site in order to carry out the construction of a new building on the instant real estate. On September 7, 2012, the Plaintiff obtained a construction permit from the head of Busan Special Self-Governing Province as the owner of the instant real estate from the Plaintiff as the owner of the building.

C. Since then, while the Plaintiff conducted a divisional survey for the construction of a new building in the part other than the park site among the instant forest land, the area of the park site of the instant forest land becomes approximately KRW 160 square meters and above 122 square meters as originally planned in the instant sales contract, and there is a dispute with the Defendants, and the Plaintiff and Defendant B filed an application for annexation of the instant forest land and F forest land of 198 square meters until October 23, 2012 by Defendant B around October 20, 2012 in order to resolve the said dispute, so that the area of the park site of 122 square meters originally planned by Defendant B may be maintained, and in the absence of the said application for annexation, the area of the said park site of the instant forest and F forest can be maintained, and in the absence of the said application for annexation, it shall be divided into the land except for the park site.

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