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(영문) 서울고등법원 2015.03.20 2014나40598

양수금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts of the facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, evidence No. 6-1, 2, evidence No. 14, evidence No. 14, evidence No. 1, Eul evidence No. 2-1, 2, evidence No. 3, and evidence No. 12-1 to 3.

Defendant B and G respectively owned 1/3 shares in relation to the Gyeonggi-do Dasan-gun R & forest located within the area permitted for land transaction contract at the time, Gyeonggi-do (hereinafter “former land”). On April 24, 2009, Defendant B and G entered into an agreement to sell the land equivalent to 4,273 square meters of the previous land, which is equivalent to 2.5 billion won, to H and I, with the sale price of the land equivalent to 3,636 square meters of the previous land, located within the area permitted for land transaction contract (hereinafter “former land”). < Amended by Act No. 947, Apr. 24, 2009; Act No. 2006, Feb. 3, 2006; Act No. 2000, Apr. 24, 2009; Act No. 3636 square meters of the previous land (hereinafter “K”).

B. H originally purchased only the land of 4,273 square meters as indicated in the above paragraph (a) (1) and intended to newly build a gas charging station on that ground. However, Defendant B and G demanded to purchase the land of 3,636 square meters as indicated in the above paragraph (2) on the ground that the land of 3,636 square meters as indicated in the above paragraph (1) (2) is a fluorial land and entered into a contract under the name of K.

C. Accordingly, on June 8, 2009, H entered into a sales contract with respect to each of the above lands, on which KRW 3,636 square meters of land indicated in the above paragraph (1) (2) was determined as the sales price of KRW 2.2 billion and received KRW 200 million from M.

H agreed to be responsible for and to issue all documents (such as the written consent to use and the certificate of seal impression) necessary for permission to engage in the development of the above 3,636 square meters of land at the time of the above sales contract.

On the other hand, the previous land on February 5, 2010.