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(영문) 서울고등법원 2015.04.17 2014나4547
계약금반환 등
Text

1. The plaintiff's main claim added at the trial room, and the plaintiff's amendment at the trial room and selective addition.

Reasons

Basic Facts

The Defendants were registered from F to “T” on September 6, 201, as “L” before the administrative district name was changed to “M” on August 23, 2011, and completed the registration of ownership transfer on February 22, 2008 and September 29, 201, respectively, on the following grounds: (a) the Defendants were registered as “L” (hereinafter “instant forest”); (b) 165 square meters of forest land (hereinafter “instant forest”) and D forest 2,963 square meters (hereinafter “instant forest 2”) and I forest 727 square meters of forest 727 square meters (hereinafter “instant forest 3”); and (c) purchased on September 13, 2013, 46 square meters of forest 46 square meters divided into “U” and completed the registration of ownership transfer on September 29, 2010.

The Plaintiff purchased from F, on September 21, 2012, a 3,129 square meters of P Forest land in Gwangju-si (hereinafter “Plaintiff-owned forest”) and 1,807 square meters of O forest land (hereinafter “2 forest land owned by the Plaintiff”) and completed the registration of transfer of ownership on August 2, 201 and September 27, 201.

At the time, the Plaintiff thought that the 1 and 2 forest land owned by the Plaintiff was adjacent to the road and could immediately be newly built and sold. However, in order to newly construct and sell the housing on the 1 and 2 forest land owned by the Plaintiffs in the process of applying for a building permit, the Plaintiff came to know that the Defendants need to obtain a consent to use the road on the 4m2 of the instant forest land, the 2 forest, and the 46m2 of the 3 forest land (hereinafter collectively referred to as “the instant road portion”).

DOPI EII Plaintiff obtained approval from the Defendants for the use of the road portion of the instant road. However, the Defendants could obtain approval even before the remainder payment if the Plaintiff purchased forest and fields owned by the Defendants, but the Defendants could not obtain approval for the use unless otherwise.

Accordingly, on April 10, 2012, the Plaintiff and the Defendants asserted that the Plaintiff purchased forest land owned by the Defendants (as examined below, the Plaintiff purchased forest land Nos. 1, 2, and 3 of this case, and the Defendants sold forest land Nos. 1 and 2 of this case) from the Defendants, KRW 650,000,000.

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