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(영문) 서울북부지방법원 2016.12.15 2016가합21340

매매대금반환

Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant completed the establishment registration on September 4, 2008 after obtaining authorization from the head of Jung-gu Office on September 19, 2008 in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with respect to the Seoul Jung-gu Seoul Central Government Do 68,230.5 square meters (hereinafter “instant rearrangement zone”), and is a housing reconstruction and improvement project association, the establishment of which was approved on April 13, 2010.

E owned the instant real estate in the instant rearrangement zone, and following the death on December 10, 201, the Plaintiffs succeeded to the instant real estate by an agreement division.

(1/5, Plaintiff B’s equity 4/5). (b)

In Seoul Northern District Court 2010 Gohap3821, the Defendant exercised the right to demand sale of the instant real estate against E (the plaintiffs filed a lawsuit after the closing of argument in the first instance trial). On August 16, 2012, Seoul High Court 2012Na4482 through 2012, the appellate court of the instant case “A, a party to the lawsuit of the network E, was appraised by the Defendant at KRW 1,832,434,80 as of September 1, 2010, the market price of the instant real estate was KRW 1,832,434,960 as of KRW 36,486,960 as of KRW 46,50 as of KRW 1,465,947,840 as well as KRW 450 as of KRW 1,460 as of KRW,560 as of KRW 1,465,947,840 as of the instant real estate’s share, and the sale of the instant real estate was established as of KRW 1510.10.

The judgment of this case (hereinafter referred to as "the judgment of this case") is formed by the judgment of this case.