beta
(영문) 수원지방법원 2018.01.17 2017가합11684

손해배상(기)

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 924,837,50, and Defendant A with respect thereto from July 15, 2017, and Defendant B.

Reasons

1. Basic facts (hereinafter “A” is deemed to be the Plaintiff and “B” as the Defendants) Article 1 (Sale Price) of the said real estate. The purchase price of the said real estate is KRW 2.8 billion.

Article 2 (Methods of Price Payment) (Methods of Price Payment) The sale price of the above real estate shall be paid to A under the following conditions:

- Contract deposit: 280 million won at the time of contract - Any balance: Article 3 (Transfer of Ownership) (2.5 billion won until October 23, 2009)

1. A shall submit to B all documents necessary for the transfer of ownership of B while receiving any balance of the given real estate from B, and the land shall be transferred to B as site.

Article 6 (Matters under Special Agreement)

2. All authorities (including cash settlement, etc. due to reduction of land substitution) from D Urban Development Cooperatives, the implementer, at the time of disposition of replotting for D Urban Development Project (the end of 2010), excluding the contract area, shall be vested in A;

3. B At the same time, Eul shall deliver to Gap a power of attorney (adrawing) delegated to Gap, together with a contract, for all the powers for Gap to receive the settlement of money by means of a reduction land substitution, and shall also notarized a separate agreement.

On October 6, 2009, the Plaintiff entered into a sales contract with the Defendants and the Plaintiff, located within the D Urban Development Project District E 1,835 square meters (hereinafter “instant land prior to the instant land”) with respect to the Fable block land size of 376.3 square meters (hereinafter “instant land”) located within the D Urban Development Project District, as follows:

(hereinafter “instant sales contract”). - Indication of real estate: 1,865 square meters (5.09 square meters): The area of right: 496 square meters (150.28 square meters): 376.3 square meters (113.83 square meters).

1. Although the above site obtained a land substitution plan approval, when the D Urban Development Association, which is the implementer of the D Area Urban Development Project, sells the previous site to B, the land substitution area of which is 496.8 square meters (150.28 square meters) or 120.5 square meters (36.45 square meters) with a land substitution area of 376.3 square meters (113.83 square meters) has occurred when the D Area Urban Development Association, which is the implementer of the D Area Urban Development Project, has obtained a land substitution plan approval, and the transfer of ownership to B is 1,835 square meters (5.09 square meters)