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(영문) 서울남부지방법원 2021.02.17 2018가합740
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 37,004,005 and KRW 11,780,260 among them, from July 25, 2016, and KRW 25,223,745.

Reasons

1. Basic facts

A. On July 6, 2016, the Plaintiff and the Defendant entered into a camping business partnership agreement with the Defendant and Gangwon-gun C (hereinafter “instant land”) with the Defendant to jointly carry out the camping site business, and concluded a camping site business partnership agreement with the following contents (hereinafter “instant club business agreement”).

Article 1 Section A (Defendant)

hereinafter the same shall apply) A (referring to the plaintiff) shall have the following articles relating to the ownership.

hereinafter the same shall apply) to carry out joint projects (real estate lease) for operation, including the operation of a camping site.

Article 3 Section 1) A shall lease the land subject to the project in Article 1, and operate and manage the ground water (Otopping and ancillary facilities)

2) A provides “A” with infrastructure for authorization and permission to carry out a camping project at the site of this project (e.g., male and female toilets, shower rooms, irrigation rooms, water supply facilities, straws, buildings, electricity), and thereafter facilities and equipment for operation and management, such as electricity, pipes, and straws in camping.

B. Under the instant trade agreement, the Plaintiff was subject to construction by the competent authority on July 24, 2016, taking into consideration KRW 17,780,260 from July 20, 2016 to KRW 17,780,260.

This is because the owner of the land of this case is a high-ranking group and the defendant did not have any authority to use the land of this case, so the contract of this case was null and void.

(c)

On July 6, 2016, the Plaintiff moved to the instant land for the purpose of using in the camping site operation (EVO H250 2, HA 2850 1, HA 1850 1, HA 1650 2, HA 1650 2, HK1850 1, 1850 1, hereinafter “the instant Karab”).

However, as seen above, when the competent authorities controlled the camping infrastructure construction, the Defendant different from the instant Kara on the premise that the Plaintiff would purchase the instant Kara from the Plaintiff.

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