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(영문) 대전고등법원(청주) 2015.11.10 2015나10005
매매계약 무효 등
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay 187,312,50 won to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On December 30, 2004, on the part of the plaintiff, the plaintiff entered into an entrustment agreement with the defendant on the acquisition of land, etc. and compensation for losses to be incorporated into the A Road Construction Project (hereinafter the "Road Project of this case").

(hereinafter “instant agreement”). (b)

On June 25, 2005, the Plaintiff determined and announced the road zone of the instant road project as B publicly notified by the Daejeon Regional Land Management Office.

On the other hand, on January 6, 2006, the Minister of Construction and Transportation designated and publicly notified the project operator as the project district for national rental housing business complex as the defendant, Q Il-gun Q Ilwon 580,899 square meters as the project district for national rental housing business complex.

(hereinafter the above national rental housing complex construction project is referred to as the “instant housing project.”

However, some overlapping sections of the road project area in this case and the road construction (local road RR construction) section for the housing project in this case (hereinafter “the overlapping section”) overlap with each other (hereinafter “the overlapping section”), 485 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and F. 371 square meters in size, G field, 81 square meters in size, G field, 81 square meters in size, H field, 54 square meters in size, 16 square meters in J field, and J field are included in the overlapping section.

The Defendant, as a project implementer for the instant housing project, acquired on November 10, 2006, the above F 274 square meters (the 97 square meters out of the existing 371 square meters shall be divided into K), G 80 square meters (one square meters out of the existing 81 square meters shall be divided into L), H 54 square meters, M 158 square meters in M 158 square meters in M 15, Nov. 15, 2006 (division in E), I 43 square meters in I 43, and J 16 square meters in J 26, 206, respectively, and completed the registration of transfer of each of the above lands around that time.

(hereinafter referred to as “each of the instant lands acquired by the Defendant”). E

Around December 2006, the Defendant established the implementation plan for the housing project of this case, and the Minister of Construction and Transportation approved the implementation plan for the housing project of this case on January 2, 2007, and announced it as N in the Ministry of Construction and Transportation notification.

F. On April 18, 201, the Defendant follows the local highway Rar Corporation for the instant housing project to the Chungcheongbuk-do Governor on April 18, 201.

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