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(영문) 광주지방법원 2017.03.24 2015가합60025
손해배상 등 청구의소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1.The following facts of recognition may be acknowledged either as a dispute between the parties or as a whole by taking account of the respective descriptions of evidence A1, 2, 3, 7, 8, 9, 13, and 8 of evidence B (including a serial number) and the whole purport of the pleadings:

On August 7, 2013, the Plaintiff entered into the instant service contract with the Defendant and the Plaintiff: (a) on October 23, 2014, the change of the name of the administrative district on the 15,547 square meters of C forest land in Sungsung-si; and (b) on January 11, 2017, the Plaintiff was divided into the 4,941 square meters of forest land and 3,968 square meters of forest land and H forests; (c) 2,505 square meters of forest land; (d) 2,50 square meters of J forest and 270 square meters of forest land; and (e) 3,863 square meters of K forest

(hereinafter “instant one land”) and on October 23, 2014, prior to the subdivision, the number of land was changed to L with the name of the administrative district on the following occasions: (a) on April 7, 2016: (b) on the same day prior to the subdivision, the land was divided into two hundred and forty-one square meters prior to the same lot; and (c) on April 7, 2016.

(hereinafter “instant 2 land.” The instant 1 and 2 combined each of the instant lands, concluded a civil engineering service contract for performing the affairs of permission for establishment, development activities consultation, mountainous district consultation, farmland consultation, and urban planning deliberation (hereinafter “instant service contract”) with respect to each of the instant lands, and set the service cost at KRW 64,00,000.

On the same day, the Plaintiff paid 30,000,000 won as down payment to the Defendant.

B. (1) On August 7, 2013, the Plaintiff entered into a sales contract of KRW 2,257,440,000 for E-type and the instant land, and concluded a down payment of KRW 225,00,000 for the same day, and paid the remainder 2,032,440,000 for the purchase payment on January 10, 2014.

(2) On August 7, 2013, the Plaintiff entered into a sales contract for the instant land with F and the Plaintiff for KRW 166,10,000 for the purchase price, and paid KRW 20,000 as the down payment on the same day, and paid KRW 146,10,000 for the remainder 146,10,000 for the purchase price.

(3) In order to secure access roads to the instant land 1 and 2 on January 2014, the Plaintiff: (a) the name of the administrative district has been changed and land category has been changed after 1 and 258 square meters of the Gu, Epina Co., Ltd. and one other; and (b) the Sinsung City P road.

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