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(영문) 광주지방법원 2015.12.11 2014가합8365
손해배상(기)
Text

1. The defendant is each Gwangju District Court with respect to the land size of 2,554 square meters and D forest area of 2,554 square meters from the plaintiff, Jeonnam-gun, Youngnam-gun, and the plaintiff.

Reasons

1. Basic facts

A. On December 1, 1983, Jeonnam-do obtained approval from the Minister of Construction and Transportation for a F creation plan for Jeonnam-gun E members of the Republic of Korea. On December 1, 2010, Jeonnam-do changed the developer of the development project of 2,554 square meters and D forest land of 2,554 square meters (hereinafter “each land of this case”) to the Defendant who was the owner of the land of this case, and made a permission to implement the development project (hereinafter “instant permission”).

B. The Defendant advertised that each of the instant lands was sold (hereinafter “instant advertisement”) by inserting the phrase “H” at the Gerve Examination.

C. On August 23, 2012, the Plaintiff reported the instant advertisement and contacted the Defendant, and entered into a sales contract with the Defendant, setting the purchase price of each of the instant land as KRW 1 billion (hereinafter “instant sales contract”).

The Plaintiff paid KRW 500 million on the day of the contract by means of remitting money to the Defendant and I, etc. designated by the Defendant, and the remaining KRW 500 million on each of the instant lands was paid by means of acquiring the secured debt of the secured debt (credit debt amount of KRW 650 million) established on each of the instant lands. D.

According to the instant sales contract, the Plaintiff completed the registration of transfer of ownership on each of the instant land on August 23, 2012 as the receipt No. 16096 on August 23, 2012 by the Young District Court, Youngam Registry, which was received on August 23, 2012. The Plaintiff’s registration was based on the acquisition of the contract on August 31, 2012 by the receipt No. 16482, Aug. 30, 2012.

The registration of change of the right to collateral security was completed by changing the debtor of the right to collateral security into the plaintiff, and the right to collateral security was cancelled on April 18, 2014.

E. On March 28, 2013, the Plaintiff filed an application for a construction permit to install accommodation facilities on the ground of each of the instant lands with Jeonnam-do.

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