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(영문) 부산지방법원 2012.02.02 2010가합11333

구상금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company established on May 27, 2002 for the purpose of civil engineering construction business construction business construction business construction business construction business construction business construction business construction business construction business construction business, etc., and the defendant is a company established on December 20, 198 for the purpose of beerer board, unste board manufacturing and sales business, etc.

B. On June 10, 2005, the Plaintiff purchased from the Defendant a total of KRW 11635.1m2 from the Defendant for KRW 9.5 billion, the sum of KRW 9468m2 and KRW 2166.3m2.

After paying the purchase price, the Plaintiff received each of the above lands from the Defendant, and completed the registration of ownership transfer on November 30, 2005 with respect to each of the above lands.

[Around July 4, 2006, each of the above land was combined with B, 11635.1 square meters, B, 3305.8 square meters on November 24, 2006, D, 3305.8 square meters, E, 1652.9 square meters, F, 1652.9 square meters, G, 1717.7 square meters on January 18, 2007, and F, 1652.9 square meters, G, 1652.9 square meters, G, 1717.7 square meters on July 7, 2006, the land finally divided and merged (B, 305 square meters on August 8, 205, 303; 305 square meters on March 5, 205; 305 square meters on May 35, 205)

C. On April 25, 2008, the Plaintiff: (a) on April 25, 2008, the Plaintiff: (b) was established for the purpose of acquiring and developing a house by means of the Korea National Housing Corporation or the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”); (c) on October 1, 2009, the Plaintiff shall comprehensively succeed to the previous Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) and the previous Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) to comprehensively succeed to the property and rights and obligations of the previous Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) as a project implementer, which is a national housing construction project plan for the Busan trigram-gu, Busan 14,573С; and (d) on October 1, 2009, Korea Land and Housing Corporation established for the purpose of acquiring and developing a house.

Between B and B, a sales contract consisting of KRW 15.99 billion for the instant land, KRW 30,391,070 for the foregoing land, and KRW 95,703,310 for the obstacles thereto.