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(영문) 서울고등법원 2017.04.27 2016나8451

매매대금

Text

1. The part of the judgment of the court of first instance concerning the Defendants is modified as follows.

The plaintiff's primary claim against the defendants.

Reasons

1. Basic facts

A. The land owned by J, K, L, and M (hereinafter “each of the instant lands”) in Yangju-si is the land owned by the NJ (hereinafter “instant clan”).

B. On August 2004, the Plaintiff (the birth of Defendant I, the representative of the clan of this case) ordered Defendant D to build nine new houses on each land of this case under the name of O around August 2004.

C. Around January 2005 or around April 2005, theO, P, and S issued a written confirmation to the Plaintiff that “in using a housing site, KRW 45 million per unit (including construction expenses). It included the instant clan expenses. It would not impose any civil or criminal liability on the Plaintiff who is the seller of the instant clan.”

(2) On October 4, 2004, Defendant B (S) issued a written confirmation to the effect that “The Defendant B (S) will pay KRW 20 million to the Plaintiff for the use of the site for the instant clan ownership.” On the other hand, Defendant B (S) issued a written confirmation to the effect that it would not impose any civil or criminal liability on the instant clan.”

After that, nine houses were newly built on each land of this case.

Of them, the registration of ownership preservation in Defendant B’s name on May 31, 2005, the registration of ownership transfer in Defendant C (O) name on September 12, 2005, the registration of ownership transfer in Defendant H (P) name on May 31, 2005, the registration of ownership transfer in Defendant H (P) name was completed on May 31, 2005, and the registration of ownership transfer in the name of Defendant F (P) and the name of Defendant E (O head) on December 16, 2004 on December 16, 2004 on the building register as to other three units. The registration of ownership was made in Defendant D’s name on February 15, 2005.

[hereinafter] The above six units are "each house of this case." Two units among the three remaining units except each house of this case, G (Defendant I's fraud).

In the name of the Plaintiff, the remaining one is Q (the Plaintiff’s head).

(iii) each ownership was registered in the name of the Corporation

E. After that, each of the instant lands was expropriated in the Korea Land Corporation around June 2009, and each of the instant houses.