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(영문) 서울고등법원 2015.02.06 2013나2013694
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the statements and images of Gap evidence 1 to 3, evidence 13 through 20, evidence 22, 25, 26, 53, 54, evidence 1 to Eul, and evidence 2, 5, 7, 8, 16, 19 (if any, including each number; hereinafter the same shall apply), the results of on-site inspection by the court of first instance and the purport of all pleadings:

[1] Around June 7, 2001, the Plaintiff acquired approval of the Plaintiff’s project plan, etc., filed an application with the Defendant for approval of the housing construction plan to build an apartment building of 12 units on the land of 11,442 square meters of land for C and 27,312 square meters of D forest owned by himself/herself (hereinafter “instant apartment”) on the land of 27,312 square meters of land, and obtained approval under Article 33 of the Housing Construction Promotion Act from the Defendant around October 10, 201.

On the other hand, E, 25,597 square meters of land owned by the Plaintiff (hereinafter “instant land”) was adjacent to the said overland C and the said D forest. However, on or around December 30, 1997, B, upon obtaining the Plaintiff’s consent, obtained permission from the Defendant for changing the form and quality of land (6,373 square meters of a house site, 2,970 square meters of a road), and F, upon obtaining the Plaintiff’s consent, obtained permission from the Defendant for changing the form and quality of land (8,376 square meters of a house site, 1,324 square meters of a road) as to part of the instant land on or around October 8, 1998.

On October 11, 2001, the Plaintiff also obtained permission from the Defendant for the development of detached houses (3,204 square meters) with respect to part of the instant land, and obtained permission for the development of a golf range (7,423 square meters) with respect to a part of the instant land on the same day.

[2] On August 13, 2003, the Plaintiff entered into a sales contract between the Plaintiff and the Nonparty Company (hereinafter “Nonindicted Company”) with H Co., Ltd. (hereinafter “Nonindicted Company”) whose representative director is the Plaintiff, a contract between the Plaintiff and the Plaintiff to sell the above and the instant apartment construction project plan approval right at KRW 36,542 square meters in total, and KRW 30 billion in price (hereinafter “instant sales contract”).

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