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(영문) 수원지방법원 2013.06.13 2011가합12265
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. (1) On June 7, 2001, the Plaintiff filed an application for approval of the instant project plan with respect to a housing construction project (hereinafter “instant housing construction project”) that constructs an apartment unit with 12 units of household units (hereinafter “instant apartment”) on the ground of 11,442 square meters of land for C and D 27,312 square meters of land owned by the Plaintiff and B and on the land of D 27,312 square meters of land owned by the Plaintiff. On October 10, 2001, the Plaintiff obtained approval of the project plan from the Defendant under Article 33 of the Housing Construction Promotion Act (hereinafter “instant project plan”).

(2) On the other hand, as to the land of this case owned by the Plaintiff, the Plaintiff, as the land owner, obtained the Plaintiff’s consent on December 30, 1997 as to the land of this case (6,373 square meters, road 2,970 square meters) with respect to the alteration of the form and quality of land as to the part of the land of this case (6,373 square meters, road 2,970 square meters) around October 8, 1998, F, who obtained the Plaintiff’s consent, obtained permission on the alteration of the form and quality of land as to the part of the land of this case (8,376 square meters, road 1,324 square meters) around October 11, 201, and the Plaintiff obtained permission on the alteration of the form and quality of land as to the part of the land of this case (3,204 square meters) around the same day (7,423 square meters).

B. Around August 13, 2003, the Plaintiff entered into a sales contract with H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the representative director of G, and the Plaintiff entered into a sales contract with the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to sell a total of five parcels, including 11,442 square meters of land for C and a total of 36,542 square meters of land, and 30 billion won of the sales price (hereinafter “instant sales contract”).

The main contents of the instant case are as follows:

A seller of real estate sales contract (hereinafter referred to as "A") and a non-party company below the buyer.

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