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(영문) 서울중앙지방법원 2016.11.11 2015가단5254067
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2009, the Plaintiff obtained a building permit for Class I neighborhood living facilities on land outside C and one parcel.

In order to secure the site for the above construction permit, the Plaintiff obtained permission for the use of and profit from the public property on June 18, 2009 for the adjacent land owned by Kimpo-si.

In addition, the Plaintiff delegated the above building permit work to H architect I, and in order to use K and L land owned by J as access roads, the Plaintiff was required to obtain approval for use of superficies from K and L land-mortgage Kimpo Agricultural Cooperative, which was the mortgagee of the right to collateral security on the land.

B. As above, the Defendant, who owned M, N, andO land adjacent to the land for which the construction permit was granted, had already secured the access road and the site for compost in order to develop the said land.

Accordingly, the plaintiff and the defendant around November 2009 entered the following contents at the bottom of the drawings, such as the annexed Form, and affixed their seals:

(Agreement entered into as above (hereinafter referred to as the “instant Agreement”). In 200 of the J Equity 89, B Equity 311, total 400 square meters, each of the above J Equity 89, B equity 311, and 400 equity, a provisional installment agreement is agreed in accordance with the above drawing.

Provided, That with respect to the consent of roads and retirements by three other parties, A shares shall be consented. A shares may be succeeded to the buyer in the case of B, A and B shares.

C. Accordingly, J prepared a written consent to use with the purport that the Defendant and the Defendant’s husband P and the Defendant’s father Q Q agree to use R land as access road site, and the Plaintiff prepared a written consent to use D and F land for the purpose that the Defendant and P agree to use D and P land as access road and exit road.

Defendant, P, and Q submit a written consent to use the access road to J around November 2009 and obtained permission for conversion of M, N, and S land. M/O land on December 8, 2009.

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