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(영문) 서울북부지방법원 2018.09.13 2017가합22760

청구이의

Text

1. The defendant's notary public C belonging to the Suwon District Prosecutors' Office against the plaintiff was prepared on June 24, 2013, No. 438.

Reasons

1. Basic facts

A. 1) The Plaintiff owned a part of the shares of the land in the Gu Government City D, E, F, G, H, I, and J. The Defendant owns a part of the shares of the land in the Gu Government City K, L, M, N,O, and P. 2) The Q Co., Ltd. (hereinafter “ Q”) purchased a unit of land in the Gu Government City and promoted the business of newly constructing and selling the house on that part (hereinafter “the instant business”).

B. On March 19, 2012, Q entered into a joint agreement between the Plaintiff and the Plaintiff to take charge of obtaining a land sales contract or a written consent on the instant project from the landowner, and Q entered into a joint agreement to take charge of various authorization and permission and construction works. (ii) Q entered into a land sales contract with the landowner.

On March 26, 2012, the Defendant entered into a contract with Q to sell the land in KRW 978.1 million.

Although the down payment was determined as KRW 270 million in the above contract, on August 8, 2012, the sales contract was concluded again on August 8, 2012, and the total sales amount was as is, but the down payment was changed to KRW 200 million.

(3) According to the sales contract concluded by Q to the land owners of the above Sdong Group including the Plaintiff and the Defendant, the land owner decided to cancel all the matters that may interfere with the exercise of ownership, such as provisional registration, collateral security, superficies, seizure registration, etc. established on his/her own land, before the date of payment of the down payment.

C. The Defendant issued promissory notes, as well as Q as the parties to the above sales contract, demanded the Plaintiff to issue promissory notes with the face value equivalent to the balance of the sales price, even if Q, as well as Q.

Accordingly, Q Q on June 24, 2013.