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(영문) 서울북부지방법원 2016.09.09 2015가단8862
손해배상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 11, 1998, the Plaintiff entered into a contract to purchase 6,720 square meters of land owned by Defendant B (hereinafter “instant land”).

B. The purchase and sale negotiations of the instant land were conducted between the Plaintiff and the Defendant C, delegated by Defendant B. The Plaintiff agreed to the effect that if the instant land purchased by the Plaintiff was divided into the Defendant B’s land, it would become a blind-end road without a road, and that the special terms and conditions of the sale and purchase contract so that the Plaintiff may continue to pass through the road E-road (hereinafter “instant road”) owned by the Defendant B, which was used as a passage even if the division was made, and that the road problem would be to provide the buyer with a contract specifying the use of the road when the seller (Defendant B) sells the land incorporated into the old road in the course of using the existing road (hereinafter “instant special terms and conditions”). Accordingly, even if the remaining land owned by the Defendant B is sold by a third party, each purchaser of the instant road would not interfere with the Plaintiff’s use of the road by notifying each purchaser of the fact that the road is being used by the Plaintiff.

C. Accordingly, the Plaintiff completed the registration of ownership transfer on the instant land on June 12, 1998.

On the other hand, on January 4, 2005, the road of this case was divided into 818 square meters in Facheon-gun, Gyeonggi-gun, Gyeonggi-do, and Gyeonggi-do, which was owned by Defendant B, and became subject to registration conversion on September 27, 2005, and Defendant B sold to a third party the land adjacent to the road of this case by dividing it into a site for electric source and selling it to a third party. As a result, Nonparty B finally sold the road of this case as to the road of this case, Nonparty G, as to the 1286/8756 shares, H, 161/8756 shares, 16/87556 shares, 1146/8756 shares, 1275/856 shares, 8756 shares, and 137/8756 shares, respectively.

However, the defendant B is the defendant.

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