(영문) 부산지방법원 2016.08.25 2015가단245486

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(영문) 부산지방법원 2016.08.25 2015가단245486

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties, or in the entries in Gap evidence Nos. 3 and Eul evidence Nos. 1 to 3, based on the whole purport of the pleadings.

Around September 13, 2012, the Defendant implemented the housing site development project for a high village district in the ancient village and the Ansan-ri-ri-ri-ri-ri-ri-ri-ri-si, Busan National Housing Corporation (hereinafter “instant re-public announcement”). Around September 13, 2012, the Defendant concluded a contract with a successful bidder on the land subject to re-supply from September 25, 2012 to September 27, 2012 and concluded a free contract on the first-come-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “instant re-public announcement”). The land subject to re-supply included the area of land subject to re-supply, including the area of 673 square meters (hereinafter “instant land”).

B. On November 1, 2013, the Plaintiff entered into a negotiated contract with the Defendant to purchase the instant land in KRW 596,983,00 (hereinafter “instant sales contract”) and subsequently, paid the amount in full to the Defendant and completed the registration of ownership transfer on April 30, 2015.

2. The assertion and judgment

A. The summary of the party's assertion (1) is that the land of this case is indicated as the land to be a free contract and that the land of this case is connected to the road according to the drawings, and the plaintiff concluded the sales contract of this case with the belief that the land of this case is connected to the road. At the time of the contract, the employee in charge of the defendant's affairs related thereto at the time of the contract can have access to the land of this case on the adjacent road, such as the above sale guide, and it is possible to enter the land of this case as well as on the slope of the land of this case.

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