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(영문) 의정부지방법원 2020.07.09 2019가합54399

기타(금전)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s purchase and sale contract with Defendant B and E, etc. 1) The Frith of Gyeonggi-si (hereinafter collectively referred to as “Frith of Gyeonggi-si”) shall be indicated to be below the unit of Myeon

A) G Forest land 3,856 square meters (hereinafter “land in dispute”), regardless of the area, shall be deemed as “land in dispute.”

(2) On February 22, 2012, Defendant B was a land partitioned and registered at H. At the time, the said forest was owned through the partition of co-owned property after completing each registration for partial shares. The Defendants and Defendant B’s spouse, purchased and sold Friuri land, including the pertinent land, and executed a real estate development project under the name of I complex ordering it to be executed through cutting, civil engineering works, and land partitioning. (2) On November 24, 2012, the Plaintiff entered into a sales contract with the following terms: (a) KRW 216 of the land at issue from Defendant B as KRW 30 million among the land at issue; (b) KRW 30 million of the down payment, intermediate payment, KRW 70 million of the down payment at the time of a contract; and (c) the remainder of the payment on June 6, 2013, after the buyer’s compensation is completed; and (c) the purchase contract was concluded by determining that the purchase amount may be delayed depending on the circumstances.

The end of the real estate sales contract (A5) prepared at the time is stating that "if the land is changed to the housing permission area, the seller shall be responsible for it: Provided, That the housing requirements for six months shall be met by the buyer."

3) On May 29, 2013, part of the pertinent land was divided and the area was 987 square meters. On August 13, 2013, Defendant B and E completed the registration of transfer to J with respect to the 65/987 shares out of the land at issue. Defendant B and E, on April 21, 2014, received a receipt (hereinafter “the instant receipt”) stating that “the Plaintiff received KRW 300 million from the total sale price of three parcels, other than the land at issue, (714 square meters),” and “the Plaintiff received all payments for the land outside the dispute (including shares), and delegated the lot number relocation document to the certified judicial scrivener,” respectively.

In addition, K Certified Judicial Scriveners on April 22, 2014.