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(영문) 서울중앙지방법원 2017.11.16 2016가합547782
손해배상(기)
Text

1. Defendant C’s KRW 1,00,000,000 as well as 5% per annum from September 9, 2016 to November 16, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff’s promotion of land development projects, etc.) The Plaintiff, a master land, shall be 13,280 square meters of land E and 11 square meters of land (hereinafter “instant project site”).

In order to develop B as a site for multi-household housing, Defendant B’s clan (hereinafter “Defendant clan”) adjacent to the above land as a site for road establishment.

(2) On August 6, 2012, the Plaintiff and the Defendant clan entered into an agreement to exchange the land owned by the Plaintiff with the land of Gwangju City and the land of G, H, and I owned by the Defendant clan, and to open and jointly use the road on the ground of the land owned by the Defendant clan subject to the said exchange (hereinafter “the previous exchange agreement”).

3) After acquiring the ownership of the land to be exchanged from the Defendant clan pursuant to the previous exchange agreement of this case, the Plaintiff applied for permission for the construction of a road from the business site of this case to the meritorious City Mayor. However, it was rejected on the ground that the building for warehouse owned and managed by the Defendant clan was part of the site subject to application. Accordingly, the Plaintiff promoted the work to secure real estate (hereinafter “instant land”) in attached Tables 1 to 4 adjacent to the instant business site as a road site. (B) On February 7, 2015, J, the representative of the Plaintiff, as the Plaintiff’s representative of the instant land, made the exchange agreement on the instant land, shall exchange the real estate in attached Tables 5 and 6 of the attached Tables 1 to 5 to 6 owned by the Plaintiff and the Defendant clan, a member of the Defendant clan (hereinafter “instant exchange agreement”).

(C) The Plaintiff’s side prepared the instant exchange agreement and signed and sealed his seal impression on the instant exchange agreement. (c) The Plaintiff’s request for the implementation of the exchange agreement and the instant exchange agreement and attached Form 1 to Defendant C as part of the implementation of the exchange agreement.

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