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(영문) 서울북부지방법원 2018.01.12 2017나32815
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of 534 square meters in Namyang-si, Namyang-si, and L 1,456 square meters in size. Defendant C is the owner of land of 1,059 square meters in Namyang-si, Namyang-si, and 260 square meters in total (hereinafter collectively referred to as “instant land”).

B. Meanwhile, E, D,O, F, P, Q, H, I, R, and J (hereinafter “Defendant et al.”) owned land near the instant land. The land owned by the Defendant et al. was used as a dry field.

C. The Korea Land and Housing Corporation performed the expansion work of the Korean Land and Housing Corporation V (hereinafter “instant road”) from the T reservoir in S to the Namyang-si, Namyang-si, Namyang-si, and accepted part of the land owned by the Defendant, etc. adjacent thereto.

On the other hand, Namyang-si is the managing body of the road of this case.

On March 7, 2013, the Plaintiff entered into an exclusive brokerage agreement for real estate consulting (or establishment of entry roads for agricultural use) and exclusive brokerage agreement with the following contents, excluding the Defendants: I, D, E, F, H, and R:

In order to establish an access road for the remaining farmland remaining after expropriation during a group of farmland, including real estate A, the client (A): Plaintiff 1. (B) (1) shall be achieved through the permission for occupation, acquisition, administrative litigation, etc. of the relevant newly-built road abutting on the "farmland remaining after dry field" among the V state maps in order to establish an access road for the use of farmland for the remaining farmland remaining after expropriation.

(2) If permission to occupy and use a road, administrative litigation, etc. is not possible, construction of access roads for agricultural use, etc., Eul shall proceed with the application for permission to occupy and use existing ditches abutting on thewest side of farmland remaining of a dry field and the application for permission to occupy and use roads, etc. and ensure smooth access roads.

2. (Fee and Exclusive Brokerage Arrangements) (1) A shall carry out the above paragraph 1 with A’s delegation, but A shall not pay a separate fee to B.

(2) Provided, That if this paragraph (1) is resolved smoothly, A shall have exclusive brokerage rights to the said real estate (transfer of ownership to lease, sale, etc.).

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