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(영문) 서울고등법원 2018.07.19 2017나2053805
손해배상(기)
Text

1. Of the judgment of the court of first instance, Defendant C Co., Ltd.: KRW 701,761,233; KRW 1,826,514,100 for Plaintiff B; and

Reasons

1. Basic facts

A. Defendant E District Urban Development Project Association (hereinafter “Defendant Association”) is the head of the Defendant Association in order to implement an urban development project (hereinafter “instant project”) with respect to the size of 475,948 square meters per day of Pyeongtaek-si G, which is established on February 1, 201, and the urban development cooperative under the Urban Development Act established on February 1, 201, and the joint Defendant F of the first instance trial (hereinafter “F”) is the head of the Defendant Association.

Defendant C Co., Ltd. (former H Co., Ltd.; hereinafter “Defendant C”) is an agency for the development of the instant project, and the co-defendant D of the first instance trial (hereinafter “D”) is the representative director of Defendant C.

B. Plaintiff A was a current or former owner of each land listed in the separate sheet (hereinafter “each land of this case”) located within the business area of the Defendant Union, who was a member of the Defendant Union, according to the sequence thereof. On July 28, 2015, Plaintiff B, the former spouse of this case, completed the registration of transfer of ownership on the land of this case due to the division of property as of September 28, 201 according to divorce, and on January 22, 2016, Plaintiff A transferred all rights related to the land of this case to the Defendants in relation to the land of this case. On the same day, Plaintiff B notified the Defendants of the relevant transfer on the same day.

C. On July 6, 2009, Plaintiff A prepared a written agreement with Defendant C (hereinafter “instant agreement”) with the following contents, and the F signed the instant agreement under the name of the chairperson of the Committee for Promotion of the District Urban Development Project (hereinafter “instant Promotion Committee”).

In the agreement, the Plaintiff A and Defendant C, the sole owner of each of the instant lands and buildings (I) and the instant land, including the said land, participate in the instant project by determining the land of Pyeongtaek-si G members as an urban development project area and implemented as an urban development project area.

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