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(영문) 수원지방법원평택지원 2014.11.26 2014가합330

대여금 및 공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged by taking account of the following facts: Gap evidence 2-1, 2, Eul evidence 3, Eul evidence 6, Eul evidence 7, Eul evidence 10-1 to 14, Eul evidence 2, Eul evidence 3-1 to 7, Eul evidence 4, Eul evidence 5, Eul evidence 6-1 to 3, Eul evidence 9, Eul evidence 10, Eul evidence 23, Eul evidence 24, Eul evidence 28, Eul evidence 29-1 to 4, Eul evidence 29-1 to 14, Eul evidence 5, Eul evidence 6-2, Eul evidence 5, Eul evidence 6-1 to 3, Eul evidence 5, Eul evidence 6-9, Eul evidence 9, Eul evidence 23, Eul evidence 24, Eul evidence 29-1 to Eul evidence 29-4, part of Eul evidence E.

On March 201, 201, F, Plaintiff B, Plaintiff C, G, H, I, and J decided to newly build and sell multi-household housing (hereinafter “instant project”) on the ground after purchasing the land of Pyeongtaek-si Lies owned by K (hereinafter “instant land before the instant division”).

Accordingly, on March 28, 201, F and six other parties purchased the instant land in KRW 73,138,000,000,000 prior to the instant subdivision between K and K; however, upon entering into a contract, KRW 50,000,000,000,000 for the remainder of KRW 100,000,000 for the contract, the remainder of KRW 50,000 shall be paid up to April 11, 201, and the remainder of KRW 63,138,00,000 shall be paid up until May 27, 2011 (hereinafter “the first sales contract”), however, the remainder of the sales contract was delayed by paying only KRW 80,00 on the date of the contract.

B. After that, the Defendant, M, and N purchased the instant land before subdivision with K on January 11, 2012 at KRW 761,380,00,000,000,000 for the remainder of KRW 80,1380,000 on the date of the contract, and the remainder of KRW 680,138,000,000,000 on January 12, 2012 (hereinafter “the second sales contract”). The registration of the transfer of ownership in the name of the Defendant (1,784.86/2,493 shares), M (3.54/2,493 shares) and N (354.6/2,493 shares) was completed as of January 12, 2012 as of the instant land before subdivision.

C. On January 27, 2012, the instant land before the instant partition does not exceed 330 square meters for Pyeongtaek-si Lies (hereinafter “instant one”) and 20 square meters for O forest.