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(영문) 서울고등법원 2019.04.03 2017나2043747
손해배상(기)
Text

1.The part against the defendant in the judgment of the first instance, including the claims expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff’s purchase of the instant land and the process of acquiring the instant land owned by the Plaintiff (1) on May 23, 2002, the Plaintiff is only the AV Dong (hereinafter “AV Dong”) in Suwon-si prior to subdivision.

(2) The land of this case on the land of this case is 1,348 square meters for E forest land; 1,770 square meters for F field prior to subdivision; G field 1,110 square meters prior to subdivision; and 1,190 square meters prior to subdivision (hereinafter referred to as “instant land”).

2) On July 3, 2002, the Plaintiff completed the registration of ownership transfer with respect to each of the instant land on the grounds of sale and purchase on June 12, 2002, X,Y, Z, AAB, AB, AC, AD, and AE on May 3, 2002, and completed the registration of ownership transfer with respect to each of the instant land on the grounds of sale and purchase on June 12, 2002, X,Y, Z, AB, AB, AD, and AE on May 3, 202.

3) Nine persons, including I, J, K, L, M, R, U, AB, AD (hereinafter “I and eight others”).

On July 18, 2002, the Plaintiff obtained approval from the Plaintiff for the use of 9,489 square meters (9,439 square meters in actual use, 42 square meters in road) among the instant land, and filed an application for a building permit with the head of AF who belongs to the Defendant, on nine occasions. On August 5, 2002, the Plaintiff obtained the building permit from the head of AF who belongs to the Defendant, and eight other persons filed an application with the head of AF to change the nine single houses to be constructed on the 9,439 square meters in the instant land into 17 Dong units among the instant land, and the Plaintiff, JG, L, M, M, U.S., AB, AH, AH, AH, AH, AH, C, 209 square meters in change from the owner of the building and eight other persons, and received an application for change from the owner of the building to the owner of I, I, and I, and I, the owner of the building.

5) I and nine (19) owners, other than M and AA, add AI, Q and S (hereinafter “I and 20 others”).

A) An application for change was filed for permission on July 29, 2003. On August 8, 2003, 2003, the number of detached houses was 19 Dong units, and the site size was 11,447 square meters (use in actual use 9,95 square meters, road size was 1,452 square meters, and a building change was granted.

After November 2004, I and twenty other 20 persons reduce the site area of the instant land as 9,993 square meters.

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