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(영문) 수원지방법원 안산지원 2018.09.07 2016가단67489

공사대금

Text

1. Defendant E: (a) each of the Plaintiffs’ KRW 25,00,000,000, as well as 5% per annum from October 23, 2016 to September 7, 2018; and (b)

Reasons

Basic Facts

A. The J and K (hereinafter “J, etc.”) on June 15, 2007, which owned 23,223 square meters of H land in Ansan-si Gdong (hereinafter “Gdong”) and 277 square meters of land I and 277 square meters of land, respectively, were delegated to Defendant E with all of the authority regarding the conclusion of a sales contract for each of the above land, land division, drainage, road construction, etc.

B. Defendant E, who represented by J, etc., sold the land before the instant subdivision in seven parcels, such as the indication of the attached drawing, and the Plaintiffs concluded a contract to purchase each of the pertinent parts in KRW 300 million as indicated below (hereinafter “instant sales contract”).

The above part of each land purchased by the plaintiffs was divided as indicated below on November 2007, and the plaintiffs completed the registration of ownership transfer as to the pertinent part of land on January 10, 2008.

After dividing the land into the land for which the name No. 1 was sold, Plaintiff A, on June 25, 2007, indicated in the attached drawing (4) on the part of Plaintiff B, 2, 306 square meters of L forest No. 3306 square meters on July 2, 2007, indicated in the attached drawing (3) on June 18, 2007, Plaintiff C, on June 18, 2007, 5, Plaintiff D 4, 3306 square meters of part N forest No. 3306 square meters on July 7, 2007, indicated in the attached drawing (6) 6, the land was divided into 300 square meters of P forest and Q forest and 353 square meters as at the time after the registration conversion was completed.

C. Around the date of the conclusion of each of the above sales contracts, the Plaintiffs entered into an agreement with Defendant E that the Plaintiffs shall bear KRW 50 million for each of the construction costs for the land before the instant partition (hereinafter “instant agreement”). (However, the date of conclusion of the said agreement by Plaintiff C was December 20, 2007) and the construction content was determined as “(i) reclamation of fume for construction with multiple drainage, (ii) construction works, (iii) construction of roads, and (iv) livering works.”

(hereinafter referred to as the “instant construction”). Defendant E received a total of KRW 200 million from each of the Plaintiffs around that time.