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(영문) 의정부지방법원 2018.02.09 2016가합56
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of the forest land in Gyeonggi-gun, Gyeonggi-do, 15,652 square meters (the previous area was 15,967 square meters, but the Defendant was registered as 15,652 square meters prior to the purchase of the pertinent land; hereinafter “the instant forest”).

The location of the goods: The purpose of the forest of this case is to develop the forest of this case into the housing site, and in developing the forest of this case, the defendant delegates the development

1. The Plaintiff is fully responsible for all relevant authorities’ authorization and permission.

2. The plaintiff is fully responsible for the development cost.

4. In principle, the plaintiff and the defendant distribute the proceeds from the division of the developed site to the defendant 7 and 3.

5. The above paragraph 4 is valid until the defendant's bank liabilities are paid in full (the bank liabilities KRW 320 million).

6. The distribution of the plaintiff and the defendant at the same time with the expiration of the above five paragraphs shall be distributed equally to 5:5. 7. The plaintiff must pay a total of one billion won to the defendant as stated above 4, 5, and 6, and the plaintiff's performance of the above 4, 5, and 6 to pay a total of one billion won to the defendant. At the same time, the defendant shall transfer all ownership to the plaintiff without delay.

(b).

On November 2013, the Plaintiff and the Defendant entered into an agreement on real estate sale and development (hereinafter “instant agreement”) with the Plaintiff and the Defendant to divide the proceeds from the sale of the housing site developed by implementing the housing site development project of this case into two parts.

The main contents of the instant agreement are as follows.

C. As to the instant forest land, the Plaintiff filed an application for a building permit under the Defendant’s name (including permission for development and permission for mountainous district conversion; hereinafter the same shall apply), and on May 19, 2014, the head of Pyeongtaek-gun filed a building permit following the said application.

Since then, the Plaintiff leased equipment, such as dump trucks, through D, etc. companies, carried out earth and sand and performed construction works such as planting trees on land.

E. On December 8, 2014, the Defendant did not complete the housing site development work as stipulated in the instant agreement and only earth and stone.

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