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(영문) 대전고등법원(청주) 2020.08.18 2019나3074
손해배상(기)
Text

1. The plaintiff's appeal against the defendants and the selective claims added by this court are all dismissed.

2...

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as follows, and this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, is cited in accordance with the main sentence of Article 4

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or supplementary parts] Part 4 of the first instance judgment "B" in Part 1 of the first instance judgment shall be added to "III".

According to the 7th sentence of the first instance judgment, following the third sentence shall be added to “6. Other matters shall comply with the contents of the supply notice ( December 12, 2014) and the Internet public notice notice.”

Under the 8th sentence of the judgment of the court of first instance, the 3rd sentence "h." shall be used as "g.", and the relevant Acts and subordinate statutes and municipal ordinances of the judgment of first instance shall be replaced by the attached Acts and subordinate statutes and municipal ordinances of this judgment.

Under the 8th sentence of the first instance judgment, the "Evidence A1 through 4" of the 4th sentence shall be applied with "Evidence A1 through 4, 14".

2. Determination on the claim for damages caused by non-construction of accommodation facilities

A. The summary of the Plaintiff’s assertion 1 made a public notice through the instant public notice to the effect that “construction of accommodation facilities is allowed” as to the parcel number M-K block containing the instant land among the instant commercial areas, and that the said public notice also contains the same purport as the parcel guide and the parcel-out promotion guide produced and distributed by the Defendants.

The N and the Defendants, who entered into the instant sales contract, have an implied agreement between the Defendants on the terms of the instant sales contract, and N concluded the instant sales contract with the Defendants on the premise that the construction of accommodation facilities was allowed on the instant land.

However, on July 1, 2014, the petitioner group where the land of this case is located was integrated into the Cheongju-si, and in the case of the integrated Cheongju-si Ordinance on Urban Planning, the land of this case is located within 50 meters from the residential area and the permission for the construction of accommodation facilities is granted.

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