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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On June 2013, 2013, under the premise that I purchased W forest land of 17,851 square meters in Seoul Special Metropolitan City, where V, etc. were co-owned, performed the relevant site rearrangement work, etc., and then sold it at a high price, I requested the Plaintiff to make an investment. In response to the demand, the Plaintiff agreed to make an investment of KRW 200 million in total, including KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
B. According to the above agreement, the Plaintiff concluded a sales contract of KRW 850 million for the said forest land under the name of “the Plaintiff and two other persons,” etc. on June 17, 2013, and paid KRW 100 million as down payment around that time. After that time, the Plaintiff spent KRW 100 million as expenses in a series of authorization processes, such as permission for development of the said forest land, permission for conversion of mountainous district, approval for the establishment of a factory, and permission for construction.
C. Meanwhile, on January 16, 2014, the said forest was divided into five parcels (hereinafter “the entire land of this case”), including E forest land E, 5,590 square meters, F forest land 5,590 square meters, D forest land 455 square meters, G forest land 64 square meters, H forest land 6,151 square meters, etc. at the same time, the said forest was divided into five parcels (hereinafter “the entire land of this case”).
After that, on February 25, 2014, the Plaintiff paid the balance under the above sales contract to V, etc., and completed the registration of ownership transfer of the entire land of this case in the name of the Plaintiff.
마. 한편, 피고들은 2014. 2. 중순경 이 사건 전체 토지의 진출입로에 해당하는 위 D 임야(이하 ‘이 사건 토지’라 한다) 중 별지 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅈ의 각 점을 차례로 연결한 선내 ‘나’ 부분 지상에 컨테이너박스(이하 ‘이 사건 컨테이너박스’라 한다)를 설치한 후 그 무렵부터 현재에 이르기까지 이 사건 전체 토지에 대한 원고의 출입 및 사용을 저지하고 있다.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 9, 21, Gap evidence No. 22-1, 2.