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(영문) 수원지방법원 2021.03.17 2020가합18272
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned Plaintiff E is the previous owner of Plaintiff D, B, C, and D’s part, and I forest land 7,874m2 (hereinafter “the forest of this case”) prior to the subdivision.

Defendant G (hereinafter “Defendant G”) and Defendant H Co., Ltd. (hereinafter “Defendant H”), together with Defendant G and Defendant H, are for real estate development and consulting business, and Defendant F is a director in the interest-based company of the above two companies.

B. In order to develop the instant forest as a factory complex, Plaintiff E filed an application for permission to engage in development activities with the content that he/she would develop an access road to the straight line, which passes through the interior side of the instant forest, with a view to developing the instant forest as a factory complex. On March 18, 2016, Plaintiff E received a request for conditional acceptance and supplementary measures, such as “an access road to the site from the entrance entrance to the north side of the site to the entrance into the road after opening the road on the north side.”

Accordingly, on April 14, 2016, Plaintiff E changed the forest of this case into a road that passes through the form of “the instant valley” (hereinafter “instant valley”), and obtained permission for development activities regarding the instant forest of this case.

(c)

On May 13, 2016, Plaintiff E entered into a sales contract with the Defendant Company to sell approximately KRW 1,326 square meters of the instant forest land at KRW 240,60,000 among the instant forest land and to change the right to authorize and permit the establishment of an existing factory in the buyer’s name (hereinafter “instant sales contract”). The main contents of the special agreement are as follows: (a) the attached drawings attached to the sales contract include the following: (b) the term “main yellow seller construction work”; (c) the term “a yellow buyer construction work”; and (d) the width of the straight-line road; and (e) the width of the straight-line road.”

Section 2. The shape of civil engineering works (land use and damage prevention drawings) in the land for a shipbuilding factory site is subject to civil engineering works.

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