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(영문) 서울고등법원 2016.01.14 2015나2000685
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff acquired the instant land and the ownership transfer registration under the name of the State (the first minute) from G and H, a co-owner of the instant land, and completed the registration of ownership transfer under the name of the State on November 8, 2004, by acquiring the land at issue in the instant case, from G and H, the land at issue is divided into 160 square meters, B, 121 square meters, B, B, 121 square meters, and C, 39 square meters, which is a part of the land to be incorporated into the said business, for the said business.

B. The Defendant and the first instance trial co-defendant and Gyeonggi-do Co-Defendant 1) Chang Plus Co., Ltd. (hereinafter “win Plus”)

(1) Around the first instance trial on January 5, 2006, the Defendant filed an application for approval of the housing construction project plan with the Defendant to implement the housing construction project in the land outside the first instance, and the Defendant is jointly Defendant-Defendant-do (hereinafter referred to as the “ Gyeonggi-do”) on January 5, 2006.

On January 13, 2006, Gyeonggi-do requested the Defendant to respond to the opinion of the property manager on the land in this case. (2) On February 7, 2006, the Defendant did not correspond to the following areas: (a) whether there is a beneficiary who receives benefits from the same property in Gyeonggi-do; (b) whether a substitute is installed without compensation; (c) the scale of the substitute facility; (d) the selection of an agency to which the substitute facility belongs if a substitute facility is installed; and (e) whether the location of the substitute facility is necessary for the after-sales Ministry of Construction and Transportation, such as road project implementation and development; and (e) the land necessary for housing construction is planned to be donated to and managed by the competent local government after the construction of the housing; and (e) the development cost of the land used as a road for public use is reduced by gratuitous reversion; and (e) whether the relevant project is more than the relevant project.

c)facilitate;

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