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(영문) 인천지방법원 2014.04.04 2012가합9412
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The following facts may be acknowledged, either in dispute between the parties, or in full view of the respective entries in Gap evidence 1 through 4, Eul evidence 5 (including branch numbers, if any, if any; hereinafter the same shall apply) and the whole purport of pleadings:

Plaintiff

A is the owner of 1,00 square meters, F forest and forest land 2,490 square meters prior to Kimpo-si, Kimpo-si, and Plaintiff B is the Plaintiff’s friendship-gu, and the Plaintiff was engaged in the joint development project for the said land with the Plaintiff. Defendant C is the owner of 99 square meters prior to G, H, and 4,291 square meters prior to H, and Defendant D is the owner of 5,917 square meters of forest and forest land (hereinafter “instant land”).

The Plaintiffs and the Defendants, around October 201, developed each of the instant land and set up a housing site and sold it in lots. However, the agreement was made to create part of the instant land as an access road (hereinafter “instant agreement”), and the Plaintiff B and the Defendants prepared a joint development project implementation note with the following contents:

1. The plaintiff B participates in the development project as the agent of the plaintiff A.

Plaintiff

B shall be responsible for the road works from the ditch to the end of the project site after permission, and where a design change permission is obtained for a house, 32 million won shall be paid to the defendant C.

2. It shall be sold, including the sale price at the time of sale of access roads.

3. Costs of pipelines for urban gas pipes and water pipes shall be jointly invested;

The Plaintiffs and the Defendants obtained approval from the head of the Korea Rural Community Corporation Kimpo-ro on October 14, 201 to use agricultural infrastructure for the creation of access road sites in accordance with the instant agreement, and obtained permission from the Kimpo-ro on October 26, 201 for development of 2,127 square meters to be used as access road sites among the instant land.

The summary of the plaintiffs' assertion as to the cause of the claim is as follows: (a) the Defendants shall conduct cadastral arrangements, such as the division of access roads; and (b) the part to be provided as access roads sites among each of the instant land and the adjacent land.

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