정산금 청구
1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly and severally liable for KRW 230,000,000 against the Plaintiff (Counterclaim Defendant) and their related thereto. < Amended by Act No. 1320, Apr. 2, 2015>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) purchased the instant land
(1) On March 15, 2006, Defendant C and Defendant C are 8308 square meters of forest land in Gyeonggi-do (hereinafter “instant land”).
After the joint purchase, Plaintiff 487/1225 shares and Defendant C738/1225 shares on May 17, 2006, each share transfer registration was completed. (2) The Plaintiff and Defendant C agreed to open access roads after obtaining permission for conversion of a mountainous district and to operate a housing site development project. The development cost, such as the cost of permission for the development of the instant land, construction cost, etc. (hereinafter “the construction cost of the instant land”) was borne according to the share ratio (Plaintiff 1: Defendant C1.5154) on the instant land.
3) Thereafter, the instant land is divided into D 511 square meters, E 670 square meters, F672 square meters, G670 square meters, H670 square meters, and I 515 square meters. On April 23, 2015, the instant land was further divided into D 678 square meters, J 1,380 square meters, K 1,146 square meters, and L 1,970 square meters. (B) On August 18, 2010, the Plaintiff and Defendant C concluded a contract for the development of the instant land with the Jinsung Civil Survey Design Corporation (hereinafter “Jinsung Civil Works”), the permission for the development of the instant land, the permission for the development of the said land, the permission for land division, and the service contract for the permission for the development of the instant land (hereinafter “the instant construction contract”) with the Plaintiff and Defendant C concluded the instant construction contract with the Plaintiff and the instant 4030 square meters for the development of the instant land (hereinafter “the instant construction contract”).
It is called "the primary construction work" under a service contract and contract for construction with the Department of Jinsung Civil Engineering.
(2) However, on or around December 30, 2012, the Voluntary Civil Act renounced the permission and construction of a part of the land (H and I land after division) due to a civil petition filed by neighboring residents. Ultimately, the instant land development project was completed without completion.
3. On the other hand, the plaintiff and defendant C select non-party M as a new construction business operator around the end of 2012, and the above M is the land in this case.