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(영문) 광주고등법원 (전주) 2018.08.16 2017나12573
손해배상
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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. Facts of recognition;

A. The Defendant’s land owned by the Defendant and the Defendant’s new apartment construction project plan 1) on December 18, 2014 (hereinafter “Defendant’s land”) is 3,164 square meters and 3,11 square meters and 3,11 square meters and 3,11 square meters and 3,11 square meters and 204

Land mentioned below, including the above land, shall be indicated only by lot number less than Ldong land.

(A) The registration of ownership transfer was completed (No. 2) with respect to the land owned by the Defendant, by June 3, 2015, the registration of establishment of a neighboring mortgage, provisional attachment, etc. as follows was completed by June 3, 2015.

(A) ① On December 18, 2014, the registration of the establishment of a collateral security right and the registration of the creation of superficies in the vicinity of the maximum debt amount of KRW 3.644 billion (the maximum debt amount) on December 11, 2015. ② On February 27, 2015, the registration of the provisional seizure of KRW 168,40 million (the registration of the provisional seizure of KRW 168,400,000) on February 27, 2015.

B. B. The Defendant planned to purchase the land in the instant project site by requesting the Plaintiff to purchase the land to be incorporated into the instant project site in addition to the land owned by the Defendant and the Defendant’s joint project agreement.

2) Next, the Defendant decided to directly participate in the instant project on April 6, 2015 (hereinafter “instant agreement”) with the following content:

(A) No. 3). The Agreement provides that the project site of this case shall be prepared in accordance with Article 4 of the Protocol of Land List as shown in the specific annexed sheet (A. 3) and Article 4 of the Protocol of Land List (A. 1). The defendant shall supervise the progress of all the projects that are proceeding later as joint business operators, and shall exercise overall control over all the progress of construction,

(2) Won, Won.

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