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(영문) 의정부지방법원 2014.01.10 2012가합14378

매매대금반환

Text

1. The Defendant’s KRW 314,559,450 among the Plaintiff and KRW 290,000 among them, shall be from December 12, 2009 to February 1, 2013.

Reasons

1. Facts of recognition;

A. On November 4, 2000, the Korea Land Corporation obtained approval of the implementation plan for a housing site development project under the Housing Site Development Promotion Act from the Gyeonggi-do Governor with respect to a housing site for the Namyang-si, Namyang-si, and entered into a trust contract with D Co., Ltd. (hereinafter “D”) on January 10, 202.

D In May 7, 2002, the construction of complex was commenced on May 7, 2002 in order to construct a housing site for the purpose of constructing residential housing under the name of "E" in the above housing site, which is an undeveloped land.

(hereinafter referred to as the “instant housing site”) B.

Around September 2002, the Defendant, among the instant housing sites, purchased F. 239.5 square meters and public portion (hereinafter “instant site”). On December 12, 2009, the Plaintiff entered into a sales contract with the Defendant and the instant site amounting to KRW 290,000,000 (hereinafter “instant sales contract”).

On December 12, 2009, the Plaintiff paid in full the sales price under the above sales contract, and completed the registration of ownership transfer on February 9, 2010 for the instant land.

C. On July 26, 2012, Nonparty G, who owns land in the instant housing site, applied for a building permit to the Namyang City Mayor. However, on the ground that “An applicant is a site for block-type detached housing in the instant housing site, the Namyang-ju Mayor confirmed the change of land form, quality and structure installed without permission or consultation, and filed a complaint with the Namyang Police Station in violation of the former Urban Planning Act in violation of the former Urban Planning Act.” Since it is deemed necessary to closely examine the stability of the site where the application for a building permit was filed, Nonparty G requested supplementation of civil petition documents with the purport that “the submission of evidentiary documents to confirm the stability of the site is necessary.” On October 5, 2012, G filed a request for supplementation of civil petition documents with the purport of “the submission of supplementary documents.”

[Ground of recognition] dispute.