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(영문) 서울중앙지방법원 2017.11.15 2016가합537181
손해배상청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff as a party is a corporation established with housing construction business, real estate development business, consulting business, etc. as its main business purpose, and as a joint housing construction business (hereinafter referred to as "instant housing construction business") in Namyang-si, Namyang-si (hereinafter referred to as "Bri"), the land of the defendant's Army Brigade (D unit; hereinafter referred to as "D unit") Eul-B headquarters located in Bri was intended to be incorporated into the site of the instant housing construction business.

On July 25, 2008, the Plaintiff entered into the instant sign of agreement with the head of the D unit, and newly constructed a 8,429 square meters of buildings and 15 square meters of structures on two parcels of land F in Do Government-si, and donated it to the D unit to the D unit, which was used as the site and facilities of the B, H, I, J, J, K, L, and L parcel of land 9,203 square meters (hereinafter “instant six parcels of land”) and 81,167.7 square meters of buildings and 17 square meters of structures on the ground of the Plaintiff’s government-si, and made an agreement on the relocation of facilities of D unit (hereinafter “instant agreement”).

On the other hand, the land used by the main headquarters of the CY EW Group 2 was 23,778 square meters in total, including the instant six parcels of land, and M, N,O, P, etc. (hereinafter “the instant ten parcel of land”). The Plaintiff intended to have the instant ten parcel of land transferred from the Defendant as the site for the instant housing construction project. At the time of the instant agreement formation, the Plaintiff was excluded from the concession property stipulated in each of the instant agreement on the ground that the instant agreement has a repurchase right on the ground that the total of 1,782 square meters in total of 1,782 square meters in land M, N, and 2 parcels of land was owned by the Korea Forest Service.

(2) On June 17, 2009, the Plaintiff and the Plaintiff (hereinafter referred to as the “instant non-transferable land”). The Plaintiff and the Plaintiff (hereinafter referred to as the “instant non-transferable land”).

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