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(영문) 서울고등법원 2017.11.30 2017나2029536
손해배상(기)
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who has exceeded the following amount ordered to pay the counterclaim.

Reasons

1. The reasoning of this part of the judgment is the same as that of “1. Basic Facts” among the reasoning of the judgment of the court of first instance, and thus, the relevant part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. The reasoning of the judgment on the claim of the principal lawsuit is as stated in the judgment of the court of first instance, except for the following changes, and therefore, the relevant part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The five sides of the first instance judgment from the first instance judgment to the lower three sides (A. The Plaintiff’s assertion part) are modified as follows.

A. The Plaintiff and Defendant B purchased each of the instant lands from the said Defendant at KRW 1.9 billion on December 201, 201, and the purchase price shall be paid as a loan secured by each of the instant land after obtaining a construction permit. The construction permit shall be borne and liable by the Plaintiff. Defendant B concluded a sales contract with the effect that the Plaintiff would be entitled to consent to the use of each of the instant lands and that Defendant B would be registered as the Plaintiff’s director until the payment of the purchase price.

2) Accordingly, even though the Defendants were obligated to consent to use each of the instant lands without reasonable grounds, Defendant B withdrawn the consent to use the land permanently established without reasonable grounds, and Defendant C interfered with the Plaintiff’s construction project of facilities for the elderly by filing a civil petition with the reinforced military unit. In such a case, the Defendants incurred not only a loss of lost profit of KRW 6 billion, which was able to be incurred by the construction of facilities for the elderly and children due to the nonperformance or tort by the Defendants, but also a positive loss, (i) KRW 37 million in total, and (ii) KRW 77,00,000 in total, which was paid with the application for permission for development activities or the construction design cost, and (iii) KRW 124,187,810 in total, and KRW 36,00 in registration and license tax (= KRW 60,105,000 in regional development bond of KRW 1,642,250,550,90.

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