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(영문) 인천지방법원 2015.04.21 2014가합2941
부당한 업무처리로 인한 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C and D, who are co-owners of B Dae-gun, Incheon po-gun, B, 881 square meters of land, constructed a four-story Eel (hereinafter “instant building”) with a building permit granted from the Defendant on the ground above the above land, completed the registration of ownership preservation on November 20, 200 after obtaining approval for use on and around November 16, 200, and transferred the entire co-ownership share to D around November 23, 2001.

B. C and D obtained the permission of extension on August 13, 2001, by extending the instant building without obtaining the permission of extension, and registering it as a non-compliant building on the building ledger on May 22, 2001. As part of F forest land owned D was added to the site area of the instant building, the permission of extension was obtained on August 13, 2001.

After that, on September 9, 2002, G-419 square meters (the land category is changed to the site around April 22, 2003) were divided into the site of the instant building, and accordingly, the land was incorporated into the site of the instant building. Accordingly, on April 14, 2003, the building ledger deleted the marking of the violating building.

C. H purchased the instant building and its site B and G land from D on July 9, 2003 and completed the registration of ownership transfer.

After that, H sold the instant building, B, and part of the instant land to I on October 18, 2003, H agreed to divide the instant building and B and transfer the ownership of G land to I on January 9, 2004 and completed the registration of ownership transfer first with respect to the instant building and B land.

H around March 15, 2004, the G land was divided into G land of 272 square meters in G and J land of 147 square meters, but H rejected the registration of transfer of ownership on the said J land on the grounds of the remainder payment of I.

E. Meanwhile, around August 27, 2004, KK representing I agreed to exchange seven commercial shares, such as the Plaintiff’s L201, and the instant building, B, and J land between the Plaintiff and the Plaintiff, and the Plaintiff agreed to pay the difference of exchange value of KRW 150 million to the said Defendants.

(hereinafter “instant exchange contract”). Accordingly, the Plaintiff around November 29, 2004 and the instant building B.

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