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(영문) 광주지방법원장흥지원 2017.08.30 2015가단3281

정산금청구의소

Text

1. The defendant shall pay to the plaintiff B KRW 20,000,000.

2. Plaintiff A’s claim and the remainder of Plaintiff B’s claim respectively.

Reasons

1. Basic facts

A. With respect to D projects conducted in 2010, Jeonnam-do designated “G Village” in F in Gangnam-gun, Gangnam-gun, which applied for the new construction of E facilities 22 Dongs as one of the project districts, and a list in the said G Village Site

2. The remaining real estate (hereinafter “instant real estate”) excluding the sequence 18, 20), and 24 among the real estate mentioned above (hereinafter “instant real estate”).

B. B. The owner of the instant real estate: (a) around March 2010 to October 10, 201, H sold the real estate listed in the [Attachment List No. 33] to the Plaintiff who intends to construct E facilities in the G Village site; and (b) around that time the Plaintiff sold the real estate listed in the [Attachment List No. 34] to the Plaintiff; and (c) completed the registration of ownership transfer for each of the said real estate. However, the registration of ownership transfer was completed on the G Village site that was completed on the said G Village site prior to the completion of the said registration.

Based on this, on December 7, 2011, the voluntary auction procedure (J) was initiated with respect to the G village site, including each real estate listed in the separate sheet, as to the G village site, including the real estate listed in the separate sheet.

Accordingly, the occupants of G villages, such as Plaintiff A, Defendant K and L, M, and N, established the Defendant on February 29, 2012 in order to respond to the said voluntary auction case.

However, on April 30, 2012, an annex in the above voluntary auction procedure

2. As to each of the real estate listed on (hereinafter “O”) the auction court rendered a decision to permit the sale of each real estate (hereinafter “O”) with the selling price of KRW 251 million, the highest bid price of which was KRW 250,000,000, and Qu, H and P, the representative director, was the actual establishment of H and P, and the highest bid price of which was the bidder.

E. Accordingly, on May 17, 2012, the Defendant agreed with theO, H, and P as follows, and the Defendant paid KRW 20 million to theO, H, and P as a bid bond according to an agreement.

The agreement angle A: The representative K K: O representative Q (H and P) A on May 2012.