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(영문) 서울중앙지방법원 2014.04.16 2013가합31415
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On August 23, 1996, C concluded a contract on behalf of D to transfer a corporation with a total of 14,600,000 square meters of the shares issued by the Defendant and 12,671 square meters of the total of 5 parcels, such as Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, which is owned by the Defendant, to acquire 12,671 square meters of the total of 14,41 square meters of the shares issued by the Defendant, and agreed to pay 450 square meters of the balance of 870,000,000 won in lieu of 450,000 won.

Article 6 (4) of the above corporate transfer contract provides that "If a transferee arbitrarily opens or alters a road within a complex, he/she shall open a road on the land of the transferor and contribute it to the Cheongju, up to the part indicated in attached Form 1."

On August 28, 1996, according to the above corporate transfer contract, the existing officers such as the plaintiff, etc. have resigned and C, etc. have taken office, and the management replacement of the defendant company has been made.

C on September 23, 1996, on behalf of D, agreed that the area of land agreed to be paid in lieu of a part of the balance between E and E shall be raised from 450 square meters to 2,066 square meters (6.6 square meters), and the price per square meter shall be adjusted to 1,000,000 won.

The Defendant Company: (a) set up a written consent on the use of land with the purport that “the landowner (the landowner and the future owner) of the land in the form of the road is able to use it as the access road” on July 8, 2002, the Plaintiff shall use the land in the form of the road according to the current urban planning, with the content that “the owner of the land in the form of the road is able to use it as the access road” as to each land (the above part of the land) listed in the attached Table 1 through 5 of the attached Table 1 to the present urban planning, which is located on July 10, 202, the Plaintiff completed the registration of the ownership transfer on the remaining land to the Plaintiff on July 10, 202.

The Cheongju Mayor shall designate and publicly notify the defendant as an implementer of an urban planning project (K accommodation), and on March 25, 1997, the building area of 11,115 square meters among the land acquired through a corporation transfer contract on March 25, 1997.

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